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Full text of "The Iowa journal of history and politics"

I 



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in 2013 



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THE IOWA JOURNAL OF HISTORY 
AND POLITICS 



THE 



IOWA JOURNAL 

OF 

HISTOET AND POLITICS 



EDITOR 

BENJAMIN F. SHAMBAUGH 

PROFESSOR OF POLITICAL SCIENCE 
IN THE UNIVERSITY OF IOWA 



VOLUME X 
1912 



PUBLISHED QUARTERLY BY 
THE STATE HISTORICAL SOCIETY OF IOWA 
IOWA CITY IOWA 
1912 



COPYRIGHT 1912 BY 
THE STATE HISTORICAL SOCIETY OP IOWA 



CONTENTS 



Number 1 — January 1912 

History of the Codes of Iowa Law 

II — The Code of 1851 Clifford Powell 3 
Notes on the Fox Indians William Jones 70 

Some Publications 113 

Americana — General and Miscellaneous 117 

Western 124 

Iowana 126 

Historical Societies 135 

Notes and Comment 145 

Contributor 148 

Number 2 — April 1912 

Lynchings in Iowa Paul Walton Black 151 

Early Land Claims in Des Moines County 255 

The Sac and Fox Indians and the Treaty of 1842 261 

Some Publications 266 

Americana — General and Miscellaneous 274 

Western 282 

Iowana 283 

Historical Societies 289 

Notes and Comment 303 

Contributor 307 



vi 



CONTENTS 



Numbek 3 — July 1912 

History of the Codes of Iowa Law 

III — The Revision of 1860 Clifford Powell 311 
Diary of a Journey from the Netherlands to Pella Iowa in 

1849 Jacob Van der Zee 363 
The Assault upon Josiah B. Grinnell by Lovell H. Rousseau 

Paul R. Abrams 383 

A War Time Militia Company Thomas Julian Bryant 403 

Emigration from Iowa to Oregon in 1843 • 415 

Some Publications 431 

Americana — General and Miscellaneous 433 

Western 440 

Iowana 441 

Historical Societies 448 

Notes and Comment 458 

Contributors 460 

Number 4 — October 1912 

History of Congressional Elections in Iowa 

Louis B. Schmidt 463 

The Rendition of Barclay Coppoc Thomas Teakle 503 

Some Publications 567 

Americana — General and Miscellaneous 570 

Western 575 

Iowana 576 

Historical Societies 583 

Notes and Comment 591 

Contributors 593 

Index 595 



Iowa Journal 

of / 

HistoiywvdPolitics 

.-t;^ ::.'" ' JANUARY 1912 




Published Quarterly by >M 

THE STATE HISTORICAL SOCIETY OF IOWA 

v Iowe^ City Iowev. 



Entered December 26 1902 at lows City Iowa as second-class matter under act of Congress of July IS W9i 



V, ; EDITOR 
BENJAMIN F. SHAMBAUGH 
Assistant Editor, DAN E. CLARK 





Vol X 


JANUARY 1912 r 


'%% No 1 



CONTENTS 



History of the Codes of Iowa Law II k V 

f N ' r Clifford Powell 3 

Notes on the Fox Indians . , William Jones 70 

Some Publications . . . | . . . . - .113 

Americana — General and Miscellaneous . . . . t . 8 J17 

Western . ' v^^l^^r::^ ';• "124 

lowana iftH^$V . • ■ \ y5ll|^ 

Historical Societies i . • "^S^^S^f ' 135 

Notes and Comment . '-^t^ 145 

Contributor £4 . ; "■ig^K^^m^ ^ 148 



Copyright 1912 hy The State Historical Society of Iowa 



THE IOWA JOURNAL OP HISTORY AND POLITICS 

Published Quarterly 

BCBSCBIPTION PRICE: $2.00 SlNQLE NUMBER: 60 CENTS 

Addrem dd Communications to ^m^^^^S^^M^$ 
The State Histobioal Society Iowa City Iowa i . & ' • • 



THE IOWA JOURNAL OF HISTORY AND POLITICS 

JANUARY NINETEEN HUNDRED TWELVE 
VOLUME TEN NUMBER ONE 



VOL. X — 1 



HISTORY OF THE CODES OF IOWA LAW 



II 

THE CODE OF 1851 
INTRODUCTION 

On December 28, 1846, an act was approved which ad- 
mitted Iowa into the Union on an equal footing with the 
original thirteen States. 1 The first State legislature, how- 
ever, had already convened at Iowa City on November 
30th, had effected organization, and had enacted some 
legislation. 2 At this time the laws in force in Iowa could 
not readily be ascertained. The earlier legislation of the 
Territorial period had been printed, it is true, in The Old 
Blue Book and The Blue Booh; but these compilations 
contained only a portion of the statute law. The Blue Booh 
had been published in 1843, and during the four year period 
between 1843 and December, 1846, a great mass of legisla- 
tion was enacted. Then, too, many of the earlier laws had 
been repealed or partially amended, so that it was some- 
times difficult to determine whether a given statute or 
provision was or was not the law. The poor arrangement 
in the Territorial compilations was also a factor which in- 
creased the labor of discovering the law in this tangled mass 
of legislation. 

The first suggestion of an official nature that the laws of 
the State should be revised and properly codified is found 
in the speech of acceptance of Mr. Thomas Baker, the 
President of the Senate, who said : 

1 Shambaugh 's Documentary Material Relating to the History of Iowa, Vol. 
I, p. 130. Also United States Statutes at Large, Vol. IX, p. 117. 

2 Senate Journal, 1846-1847, p. 3; also Laws of Iowa, 1846-1847, pp. 19, 20. 

3 



4 IOWA JOURNAL OF HISTORY AND POLITICS 



You have many important duties to perform during the present 
session — among which is to establish a code of laws for the govern- 
ment of the State, in conformity to the constitution, which is to 
constitute the basis of our action and supremacy of our laws. 3 

On the following day, December 2, 1846, Governor James 
Clarke, the retiring Territorial Governor, in his second and 
last annual message to the legislature, likewise declared in 
favor of early codification in the following words : 

The period has arrived when a complete revision of the laws of 
Iowa is on all hands expected. The want of such a code has been 
felt and acknowledged for years, but it was deemed inexpedient 
to commence its compilation until after the organization of a State 
Government. In calling the attention of the Legislature to the 
subject now, I feel that I need but refer to its importance to insure 
immediate and favorable action. The confusion which pervades 
our statute enactments is injurious in its tendencies, and, if per- 
mitted to continue, it will be disreputable to the character of the 
State. Nor will it be an easy task to collect, harmonize and put 
into proper shape the incongruous legislation of eight years — but 
a work of time and labor, which should be committed to none but 
able hands. I cannot but express the hope that, in authorizing such 
a revision, the State will avail itself of its best legal talent — 
whether it be deemed advisable to institute a special commission 
for the purpose, or, as has been done elsewhere, some gentleman 
learned in the law be authorized to perform the work, with a guar- 
antee that the State will subscribe and pay a stipulated price for a 
certain number of copies upon their delivery; in either case the 
State should prescribe the arrangement and execution of the work 
in the fullest manner possible. 4 

The suggestions of Governor Clarke seemed to meet with 
some consideration in the newly organized Senate. On 
Friday, December 4, 1846, Mr. Evan Jay of Henry County 
offered the following resolution : 

3 Senate Journal, 1846-1847, p. 5. 

4 Senate Journal, 1846-1847, p. 19; also Shambaugh's Messages and Proc- 
lamations of the Governors of Iowa, Vol. I, p. 345. 



HISTORY OF THE CODES OF IOWA LAW 



5 



Resolved, That the Committee on the Judiciary be instructed to 
inquire into the expediency of reporting a bill providing for the 
revision of the laws of the State by a board of commissioners. 5 

This resolution was laid on the table, but on the follow- 
ing Wednesday a similar resolution was again offered by 
Mr. Jay, calling on the Judiciary Committee to report 
" their views as to the expediency of a revision of the 
laws." 6 Two days later this committee made a report to 
the Senate through Mr. S. A. Bissell which reads : 

Your committee are of opinion that a revision of the laws is 
highly necessary, and that it would be both politic and expedient 
for the General Assembly, at its present session, to appoint a com- 
mittee of , whose duty it should be to revise and harmonize 

the laws now in force, and draft such further laws as may be neces- 
sary to make our civil and criminal code as perfect as may be, and 

report the same to the General Assembly on or by the day of 

, by bill. 7 

Nothing seems to have been done with this report except 
to lay it on the table; 8 but the President of the Senate, Mr. 
Thomas Baker, on December 14, 1846, introduced a joint 
resolution relative to the revision of the laws. 9 On an- 
other reading the resolution was indefinitely postponed, 
and does not appear to have ever been reconsidered. 10 

Over a month later, on January 25, 1847, Mr. Milton D. 
Browning, from the Committee on the Judiciary, presented 
a bill calling "for the appointment of commissioners to 
draft, revise, and arrange a code of laws". 11 With the 
addition of a few amendments this resolution passed the 

5 Senate Journal, 1846-1847, p. 27. 

6 Senate Journal, 1846-1847, p. 35. 

7 Senate Journal, 1846-1847, p. 39. 
s Senate Journal, 1846-1847, p. 39. 

9 Senate Journal, 1846-1847, p. 44. 

10 Senate Journal, 1846-1847, p. 54. 

11 Senate Journal, 1846-1847, p. 141. 



6 IOWA JOURNAL OF HISTORY AND POLITICS 



Senate, 12 but was indefinitely postponed in the House, 13 
which was the end of all attempts at codification during the 
first session of the General Assembly. 

One cause assigned for the action of the House was that 
since a majority of its members were Whigs they would 
not give aid to the bill lest the Democrats, who were in con- 
trol of the Senate, would gain some political advantage 
from the measure. 14 This charge was, however, stoutly 
denied by one of the leading "Whig papers, and early in the 
session, after the Senate had voted favorably on one of the 
above resolutions, the editor of this paper wrote approv- 
ingly of the Senate's action. After calling attention to the 
favorable action of the Senate on the bill he gave it as his 
view that the House would concur in the action of the upper 
chamber, thus saving thousands of dollars to the State. 
The work was, in his opinion, one of great labor which could 
not be completed by any method in a shorter period than 
six months. 

The editor then proposed two plans for the consideration 
of the legislature. One called for the appointment of a 
commission of three, who should prepare bills for the de- 
liberation of the legislature when it should re-convene. 
The other plan suggested was to cause all acts of the Ter- 
ritorial and State periods to be reprinted with complete 
marginal notes. The latter plan, he thought, would meet 
with the favor of the legal profession; "but the people re- 
quire and demand a revised code." In either event, the 
perfection of the Code would depend on the "specific di- 
rections " which the bill creating the board of revision 
would contain ; as codifiers in other States had, in some in- 

]2 Senate Journal, 1846-1847, p. 214. 
is Senate Journal, 1846-1847, p. 228. 

n See The Iowa Standard (Iowa City), New Series, Vol. I, No. 49, Wednes- 
day, June 0, 1847. 



HISTORY OF THE CODES OF IOWA LAW 



7 



stances, assumed the role of legislators when allowed too 
great latitude in making revisions, thus causing their la- 
bors to be rejected. 15 

The opinion seemed quite general that whenever done the 
codification or compilation of the laws should be executed 
by a commission appointed for that purpose, and that the 
results of their labors should be submitted to the law- 
making body for approval or rejection. There seems to 
have been little, if any, consideration of the plan which was 
adopted by the Territorial legislature — that is, of having 
the work done by the legislature itself during the regular 
session. The product of such revision during the Terri- 
torial period had proved more or less unsatisfactory. In- 
deed, the proper codification of the laws was a task too 
great and too exacting to be successfully performed along 
with other legislative work. Furthermore, it was thought 
that the work of codification should be put into the hands 
of skilled men — persons especially equipped with knowl- 
edge and experience. The newspapers frequently urged 
the appointment of such a commission, and a year after the 
admission of Iowa into the Union one of the leading capital 
papers, after calling attention to the fact that it had advo- 
cated the creation of a board or committee to revise the 
laws at the previous session and had regretted that a bill 
to this effect had been postponed, once more declared itself 
strongly in favor of this method of revision. One of its 
chief arguments for such a method was the great saving in 
expense — the writer estimating that the cost would be four 
thousand dollars if done by a committee of revision, and 
twenty thousand dollars if attempted by the legislature. 16 

is The Iowa Standard (Iowa City), New Series, Vol. I, No. 27, Wednesday, 
December 16, 1846. 

i6 The Iowa Standard (Iowa City), New Series, Vol. II, No. 19, Wednesday, 
December 29, 1847. 



8 IOWA JOURNAL OF HISTORY AND POLITICS 



The article then detailed a plan concerning the manner 
in which the labor should be conducted. It suggested that 
the commission prepare bills, number them, and have them 
printed and filed to be presented to the legislature in the 
same form as bills from one of the regular legislative com- 
mittees. But the writer was decidedly unfriendly to allow- 
ing the committee the power to prepare a code that would 
be rejected or accepted as a whole, since such a method 
might throw several thousand dollars worth of printing to 
some editor, and if rejected the State would receive noth- 
ing in return. 17 

THE CREATION OP THE CODE COMMISSION 

On December 3, 1847, Governor Ansel Briggs issued a 
proclamation convening the General Assembly in special 
session. 18 When the Assembly met a month later the Gov- 
ernor in his message of January 3, 1848, frankly declared 
himself in favor of a board of commissioners in these 
words : 

It is a source of regret that so much confusion prevails in our 
Statute Laws. The interests of the state, in my opinion, call for 
a revision of those laws as soon as practicable. Should you co- 
incide with the executive in this opinion, I would respectfully 
recommend that a commissioner or commissioners be appointed to 
revise the code; and that they be instructed or required to report 
their proceedings at the next regular session of the General As- 
sembly. 19 

It is true that similar suggestions had been made in the 
Territorial period, but without effect. 20 Indeed, the two 

17 The Iowa Standard (Iowa City), New Series, Vol. II, No. 19, Wednesday, 
December 29, 1847. 

is Sbambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
I, pp. 418, 419. 

I » Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
J, pp. .'{74, 375. 

20 Sec Powell's History of the Codes of Iowa Law in The Iowa Journal of 
HISTORY and Politics, Vol. IX, p. 498. 



HISTORY OF THE CODES OP IOWA LAW 9 

i 

compilations of that period were prepared by the Legis- 
lative Assembly without the assistance of any board or 
commissioner other than the Territorial Secretary and the 
judges of the Supreme Court. The recommendation of 
Governor Briggs now met with favor among the members 
of the General Assembly, and in less than a month an act 
was passed which authorized the preparation of Iowa's first 
real code — the Code of 1851. 

On Friday, January 7, 1848, a resolution was introduced 
into the House of Eepresentatives requiring the Judiciary 
Committee to report "by Bill or otherwise", upon that 
portion of Governor Briggs 's message which referred to a 
revision of the laws by commissioners. 21 Following the 
adoption of this resolution Mr. John T. Morton from the 
Committee on the Judiciary introduced House File No. 6 
which was "A Bill for an act to provide for revising and 
digesting the laws". 22 Later the same gentleman intro- 
duced a substitute for this bill which provided "for the 
appointment of Commissioners to prepare a code of laws", 
which substitute was immediately adopted by the House. 23 

When the House bill reached the Senate it was referred 
to the Committee on the Judiciary, by whom it was reported 
back to the Senate without amendment. 24 WTien the bill 
came up for discussion, however, there was a division of 
opinion as to the personnel of the commission. The names 
"Davis and Palmer" were struck out; but a similar at- 
tempt relative to the name of Chief Justice Mason met with 
failure. 25 Upon its final reading the bill was referred to a 
select committee composed of Philip B. Bradley, Thomas 

21 House Journal, Extra Session, 1848, p. 42. 

22 House Journal, Extra Session, 1848, p. 46. 

23 House Journal, Extra Session, 1848, p. 106. 
Senate Journal, Extra Session, 1848, p. 69. 

25 Senate Journal, Extra Session, 1848, p. 76. 



10 IOWA JOURNAL OF HISTORY AND POLITICS 



H. Benton, Jr., and Francis Springer, who reported it back 
as it had come from the House, recommending its pas- 
sage. 26 Various amendments were immediately offered on 
the floor of the Senate, but these were all lost and the bill 
was ordered to lie over a day before being put upon its 
final passage. 27 On the following day, however, the Senate 
sent it back a second time to the Judiciary Committee, who 
again "Beported the same back without amendment and 
recommended its passage." 28 The bill having passed the 
Senate under the title "An Act to provide for the appoint- 
ing of Commissioners to draft, revise and arrange a Code 
of Laws" was presented to Governor Briggs, who signed 
the same on January 25, 1848. 29 The provisions of this act, 
by which Iowa's first code commission was created, are as 
follows : 

Section 1. Be it enacted by the General Assembly of the State 
of Iowa, That Charles Mason, of the county of Des Moines, William 
G-. Wood[w]ard, of the county of Muscatine, and Stephen Hemp- 
stead, of the county of Dubuque, be and they are hereby appointed 
a committee to draft, revise and prepare a code of laws for the 
State of Iowa. 

§2. Said commissioners, when qualified as hereinafter provided, 
shall meet together, at some place to be selected by a majority of 
said commissioners, and enter upon the discharge of their duties. 

§3. Said commissioners shall be governed in their deliberations 
by the following rules : First, They shall choose one of their num- 
ber to preside over their deliberations, who shall decide all ques- 
tions of order, and may vote upon all matters brought before them 
in case of a tie. Each bill, as it is prepared, shall be examined and 
considered by them when in session, and altered or amended as a 
majority of them may decide, and when finally acted upon shall 
be recorded by them, or under their direction, in a plain, legible 

28 Senate Journal, Extra Session, 1848, pp. 88, 89. 

27 Senate Journal, Extra Session, 1848, p. 90. 

28 Senate Journal, Extra Session, 1848, p. 112. 

29 Laws of Iowa, Extra Session, 1848, pp. 42-44. 



HISTORY OF THE CODES OF IOWA LAW 



11 



hand, in a book to be provided by them for that purpose, with 
plain marginal notes to each act. 

§4. The said commissioners shall regulate the time and place of 
their meeting and adjourning, and may change at pleasure their 
place of deliberations. 

§5. Said commissioners shall prepare a complete and perfect 
code of laws, as nearly as may be, of a general nature only, and 
furnish a complete index to the same when completed. 

§6. Said commissioners shall keep, or cause to be kept, a journal 
of their proceedings, from day to day, the time and place when 
met, what commissioners were present, and what business was trans- 
acted at each meeting. 

§7. No Commissioner shall be permitted to absent himself from 
the sessions of said board, except in cases of absolute necessity, and 
then only by leave of said board, which leave shall be entered on 
their journals, and the length of time for which he is permitted to 
be absent. 

§8. No business shall be transacted by said board, other than to 
adjourn from day to day, unless all of said commissioners be 
present, except in the case mentioned in the preceding section, 
when one of said commissioners has been excused, and in that case, 
the other two may proceed to transact business. 

§9. Said commissioners shall report said code, with the proper 
marginal notes and index, under the certificate of their President, 
to the Governor, at the earliest practicable period, together with a 
correct journal of their proceedings. 

§10. Said commissioners, before they shall be qualified to act 
as such, shall each take and subscribe the following oath or affirm- 
ation: "I, , appointed by the General 

Assembly of the State of Iowa, to draft, revise and prepare a code 
of laws for said state, do solemnly swear, or affirm, (as the case 
may be,) that I will faithfully and impartially discharge the trust 
reposed in me by said state, that I will strictly, to the best of skill, 
ability and fidelity, observe the rules laid down in the law under 
which I am appointed, and that I will discharge all of the duties 
required of me as commissioner, with an eye single to the good of 
the people of the State of Iowa ; ' ' which said oath shall be certified 
by the officer administering the same, and filed in the office of the 
Secretary of State. 



12 IOWA JOURNAL OF HISTORY AND POLITICS 



§11. Said commissioners may make and adopt such rules and 
regulations for the government of their body, as a majority of 
them may think fit, not repugnant to any of the provisions of this 
act. 

§12. Said commissioners may purchase, at the expense of the 
state, such books, writing paper, ink, quills, and sand, as is neces- 
sary and proper to enable them to carry out the provisions of this 
act; but all other expenses shall be borne by said commissioners. 

§13. Said commissioners shall each receive the sum of one thou- 
sand dollars, to be paid out of any money in the treasury not 
otherwise appropriated, to be paid after their report has been 
accepted by the General Assembly; but should the place of one of 
the commissioners become vacant, he shall only be paid in propor- 
tion to the time he actually served; and in case of a vacancy, the 
other two commissioners shall fill such vacancy; and the person 
thus appointed, shall be paid in proportion to the time he actually 
serves, and who shall also take oath and qualify as the other com- 
missioners. 

§14. This act to take effect and be in force from and after its 
publication in the weekly newspapers printed in Iowa City. 

Approved, January 25, 1848. 30 

In addition to the above statute, a joint resolution was 
passed which granted the committee of revision the privi- 
lege of drawing books from the State Library. 31 

The members of the board or commission thus appointed 
by the General Assembly were men eminently qualified for 
the task. Charles Mason, the chairman of the commission, 
has been described by Justice Horace E. Deemer as "one 
of the most learned and scholarly men who ever graced a 
seat upon any bench." 32 He was born in New York in 
1804, and in 1825 entered the United States Military Acad- 
emy at West Point, graduating in 1829 at the head of a 
class made famous by such names as Eobert E. Lee and 

so Laws of Iowa, Extra Session, 1848, pp. 42-44. 
si Laws of Iowa, Extra Session, 1848, pp. 93, 94. 

32 Deemer 's The Part of Iowa Men in the Organization of Nebraska in the 
Annals of Iowa, 3rd Series, Vol. IX, p. 176. 



HISTORY OF THE CODES OF IOWA LAW 13 

Joseph E. Johnston. 33 For two years following his gradu- 
ation he served as assistant professor of engineering at 
the Academy; and it was during this period that he ac- 
quired a knowledge of the law. When he resigned from 
army life he located at Newburg, New York, from which 
place he removed to New York City. Here he often con 7 
tributed to the Evening Post, then edited by William Cullen 
Bryant. 34 Coming to the Iowa country while it was yet a 
part of the original Territory of Wisconsin, Mr. Mason 
entered the public service as District Attorney for Des 
Moines County. In 1838 he received the appointment of 
Chief Justice of the Supreme Court of the Territory, which 
position he held until Iowa's admission in 1846. 35 

Judge William Gr. Woodward, the only Whig member on 
the commission, was born at Hanover, New Hampshire, in 
1808. 36 He was educated at Dartmouth College — an insti- 
tution in which his father was deeply interested, having 
been defendant in the famous Dartmouth College case. 37 
After receiving his degree he studied law and located in 
Boston with his cousin, Benjamin E. Curtis — who later 
wrote the dissenting opinion in the famous Dred Scott 
case. 38 In 1839 Judge Woodward removed to Iowa on ac- 
count of his health and located at Bloomington (now Mus- 
catine). From 1855 to 1860 he served on the Supreme 
Bench of Iowa. 

33 The Centennial of the United States Military Academy at West Point, 
New York 1802-1902, Vol. II, p. 418. See also Heitman's Historical Begister 
and Dictionary of the United States Army, Vol. I, p. 694. 

For a biography of Charles Mason see McClain 's Charles Mason — Iowa 's 
First Jurist in the Annals of Iowa, 3rd Series, Vol. IV, pp. 595-609. 

35 The Iowa Official Begister, 1911-12, p. 63. 

36 For a biography of William G. Woodward see Brannan 's Judge William 
G. Woodward in the Annals of Iowa, 3rd Series, Vol. VII, pp. 619-624. 

37 Trustees of Dartmouth College v. Woodward, 4 Wheaton, 518; 4 Curtis, 463. 

38 Dred Scott v. Sandford, 19 Howard, 393. 



14 IOWA JOURNAL OF HISTORY AND POLITICS 



Mr. Stephen Hempstead, who later became the second 
Governor of Iowa, was a Democrat in politics. 39 He was 
born in New London, Connecticut, on October 1, 1812, and 
came to St. Louis with his father in 1828 or 1829. From 
St. Louis he went to Galena, Illinois, the seat of the lead- 
mining industry. After serving in the Black Hawk War 
he entered Illinois College at Jacksonville, and later studied 
law under the direction of his uncle, Charles Hempstead. 
In 1836 he located at Dubuque, which was then in the orig- 
inal Territory of Wisconsin. Besides representing his 
county in the Territorial legislature for several sessions 
he sat as a delegate in the Constitutional Convention of 
1844. 40 

The confidence which the public at large as well as the 
General Assembly seemed to place in the ability and in- 
tegrity of these gentlemen is expressed in the following 
correspondence to The Burlington Tri-Weekly Telegraph, 
one of the leading papers of the day : 

It should be remembered that those commissioners are distin- 
guished, and justly so, for their high moral worth, sound judgment, 
and excellent legal attainments ; that they have been familiar with 
our laws, as practitioners, from our earliest organization as a Ter- 
ritory, and more or less identified with our public service for the 
past twelve years. They were presumed to be not only familiar 
with the bearing of all our laws and the practice under them in our 
courts of justice, but also fully advised of the wants and interests 
of our entire population — otherwise they never could have been 
appointed to the important trust of preparing a code of laws for 
our government. And we have good reason to know that a uni- 
versal confidence has been entertained from the beginning that this 
trust would be faithfully and satisfactorily performed. 41 

39 For a brief biographical sketch see Shambaugh 's Messages and Proclama- 
tions of the Governors of Iowa, Vol. I, p. 423. 

40 The Iowa Official Eegister, 1911-12, p. 67. 

*J The Burlington Tri-WeeMy Telegraph, Vol. I, No. 84, Thursday, December 
19, 1850. 



HISTORY OF THE CODES OF IOWA LAW 



15 



LEGISLATIVE DISCUSSION 

The second regular session of the General Assembly con- 
vened on December 4, 1848. 42 Five days later a resolution 
was introduced into the House requesting the Governor ' ' to 
inform this House whether the Commissioners, appointed 
to revise the laws of this State, are now, or ever have been, 
in session for the purpose for which they have been ap- 
pointed; and if so, whether they have prepared, examined 
or considered any one Bill, or Bills ; or whether they have 
in any manner performed any portion of the duties devolv- 
ing upon them, as Commissioners to revise and report a 
Code of Laws." 43 Governor Briggs promptly informed 
the House that all the reports that he had received from the 
Commissioners had already been transmitted to the legis- 
lature along with his message, from which it appeared that 
the Commissioners "have not been able to complete the task 
assigned them, and that it will require from three to five 
months in order to mature their work." 44 As transmitted 
by the Governor the labors of the Commissioners for the 
year 1848 were reported as follows : 

The great mass of the work is in writing, but we have not been 
able to give it that consideration which it demands before it is pre- 
sented. The work of revising, and writing alone has required the 
greater portion of the time since it was commenced. To digest it is 
the more important part of our task, and which remains to be done. 

The importance of the work, and the consequences which will 
flow from a good or bad performance of it, are so great, that the 
undersigned are not willing to pass it without the most mature care. 
The revised code is intended to be a permanent work. All future 
legislation will have relation to it. If it is made complete and 
harmonious, but little legislation will be hereafter required on sub- 
jects of a general nature. If it is left incomplete and incongruous, 

42 Senate Journal, 1848-1849, p. 3. 

43 House Journal, 1848-1849, p. 133. 

44 House Journal, 1848-1849, p. 179. See also House Journal, 1848-1849, p. 23. 



16 IOWA JOURNAL OF HISTORY AND POLITICS 



it will require repeated amendments and alterations, until we shall 
no longer have a code. Unless such a work receives the maturest 
care and consideration, it were as well if it were not undertaken. 

Your excellency will permit us to suggest that in no case, we be- 
lieve, has a ivhole code of Statute law been prepared in one year. 
In Massachusetts two years were allowed three commissioners to 
prepare the criminal portion alone of their code. The commission- 
ers of the revision in New York, at the end of the first year reported 
upon only one department of the Statute law. 

You will permit us to suggest further, that several radical changes 
in important branches were expected in a revision, and though the 
undersigned are prompt to adopt such, yet they should not be made 
without the most mature consideration. 

In presenting these views, sir, we have (in the words of our oath) 
"an eye single to the good of the people of Iowa;" and in present- 
ing them, we trust we shall receive the indulgence of the General 
Assembly. 

If we were permitted a suggestion, it would be, that the present 
session be made a brief one, and that an adjournment take place to 
a future day some months hence. 
"We are your Excellency's 

With sentiments of 

High consideration, 

W. G. Woodward, 
Charles Mason, 
S. Hempstead. 45 

The Senate referred this report to the Judiciary Com- 
mittee, who reported a joint resolution on December 12, 
1848. The report of this committee, which illustrates the 
high regard in which the Code Commissioners were held by 
members of the legislature and the importance attached to 
the work of enacting a code of laws is here given in full. 

The subject involves much that is of vital interest to the citizens of 
the State. The revising committee have been appointed for the dis- 
charge of a duty, the full and faithful performance of which, nec- 
essarily required of those entrusted with it, diligence, patience, 
perseverance, and high legal attainment. — We deem it just to say 

45 House Journal, 1848-1849, pp. 23, 24. 



HISTORY OF THE CODES OF IOWA LAW 



17 



of the persons composing the committee of revision, that they have 
our highest confidence in their ability and desire to reflect honor 
upon themselves and confer enduring benefit upon the State, by 
performing the high duty assigned them, in the best manner pos- 
sible, and with all proper dispatch. To them, and the Legislature 
of our young, fertile, and fair State does our rapidly increasing 
population, with intense interest, look with hope and confidence 
for the establishment, maintenance and permanency of civil pros- 
perity and security, by the preparation and enactment of such a 
code of laws as will be in accordance with the spirit of the day in 
which we live, and lay a safe and firm foundation for the future. 
We feel assured that the honorable committee, whose report we have 
carefully examined and considered, entertain an enlightened view 
of its position in the relation it sustains to the State ; and that the 
persons composing it, feel themselves actuated by a sincere desire 
to perform the task entrusted to them, as well and speedily as its 
importance will allow. To collect the material necessary for such 
a work, requires great labor and much research, directed by an en- 
lightened judgment, and experience. To adjust and harmoniously 
arrange the matter collected, into a perfect system, is the work of a 
master statesman and jurist, possessed of lights both old and new. 
To urge hasty action on the committee, or call for the work already 
done in an unfinished condition, in order to complete it by the 
ordinary process in legislation, would only thwart the Legislature 
in the accomplishment of the design which induced the appoint- 
ment of the committee of revision. By granting further and full 
time to the committee to finish their work, no additional expense 
will be incurred by the State. 

It is therefore the opinion of this committee, that the Committee 
of Revision, on the criminal and civil code, have further time to 
report. 

In accordance with the views above expressed, and to carry out 
the purpose by the proper acts of legislation, this committee re- 
spectfully recommend the passage of the following resolutions, viz : 

1st. Resolved, by the General Assembly of the State of Iowa, 
That when this legislative assembly adjourn, it will adjourn sine die. 

2d. Resolved, That the committee appointed by the last Legis- 
lative Assembly to draft, revise and prepare a e[c]ode of laws for 
the State of Iowa, have further time to report, and that they are 

vol. x — 2 



18 IOWA JOURNAL OF HISTORY AND POLITICS 



hereby requested to notify the Governor of this State of their 
preparation and readiness to report as soon as practicable, and 
that as soon thereafter, as may be convenient, he be requested to 
convene the General Assembly, in order to receive and set upon the 
code then reported by the Commissioners. 46 

This resolution passed the Senate, but in the House all 
after the words "sine die" was struck out. 47 The Senate 
refused to concur in this arrangement and consequently the 
resolution was never adopted. 48 Indeed, it was unneces- 
sary, as the law appointing the Commissioners provided 
that they should " report said code .... to the Gov- 
ernor, at the earliest practicable period". 49 And so the 
second session of the General Assembly adjourned without 
taking any further action in reference to the work of codi- 
fying the laws. 

Two years later, on December 2, 1850, when the Third 
General Assembly convened it was felt generally that this 
session would be a very important one since it was to de- 
cide the fate of codification. 50 The Miners' Express (Du- 
buque) declared that the revision of the code was 6 ' the 
main business of the session". 51 The Burlington Tri- 
Weekly Telegraph informed its readers that "the great 
business of the session will be the action upon the report 
of the committee of revision.'' 52 Another leading news- 
paper, in speaking of the General Assembly, declared that 
"no doubt the people will look to the proceedings of this 

46 Senate Journal, 1848-1849, pp. 42, 43. 

47 Senate Journal, 1848-1849, p. 43; and House Journal, 1848-1849, p. 218. 

48 House Journal, 1848-1849, p. 230. 

49 Laws of Iowa, Extra Session, 1848, p. 43. 
so Senate Journal, 1850-1851, p. 3. 

&i Miners' Express (Dubuque), Vol. X, No. 15, Wednesday, December 18, 
1850. 

• r >2 Iowa City Correspondence in The Burlington Tri-Weekly Telegraph, Vol. 
T, No. 86, Tuesday, December 24, 1850. 



HISTORY OF THE CODES OF IOWA LAW 



19 



honorable Body with much interest. . . . An entire 
new code of laws will be presented by the Revising Com- 
mittee, for the consideration and action of the General As- 
sembly. We hope soon to have a code of laws that will 
harmonize with itself, so that one provision in one act, will 
not conflict with some provision in some other act, as is 
sometimes the case in the present code." 53 

In his message of December 3, 1850, Governor Briggs 
informed the legislature that "the Commissioners to revise 
the Code, have informed me that their labors are nearly 
completed." 54 In the same message he also transmitted a 
portion of the Commissioners' report. In this report, 
which was dated at Iowa City on December 2, 1850, and ad- 
dressed to Governor Briggs, the Commissioners say: 

That their work is substantially done, and in doing it they have 
complied with the manner prescribed by the act, substantially and 
as nearly as was practicable. 

They submit herewith an analysis of the subjects contained in 
the first part or division of the work, together with the first titles 
or sub-divisions opening the same. The papers constituting the 
remainder of the work will be submitted in their order, as speedily 
as they are arranged and put into a form adapted for submission, 
and at as early a day as the General Assembly may have need of 
them. 

They do not propose to enter into a detail of changes made by 
them as this can be better ascertained from a regular examination 
of the work, and can be better pointed out and explained in a dif- 
ferent manner hereafter. 

A few chapters have been left yet unfinished, for consultation 
with the officers of the Government, or for information to be de- 
rived from their reports, and such portions will be soon completed 
and reported. 55 

S3 Iowa Star (Fort Des Moines), Vol. II, No. 4, Thursday, November 28, 
1850. 

s* Senate Journal, 1850-1851, p. 14. 

55 Senate Journal, 1850-1851, pp. 24, 25. 



20 IOWA JOURNAL OF HISTORY AND POLITICS 



In the House there was a desire to examine the report in 
considerable detail; but in the Senate, on the other hand, 
there seems to have been a willingness to accept the report 
with little or no change. The Judiciary Committee in the 
House was composed of Gilman Folsom, Isaac M. Preston, 
Charles Negus, John Thompson, and Theophilus Craw- 
ford. 56 Mr. Folsom in particular took a very important 
part in the discussions of the proposed code. 57 He was ap- 
pointed as the chairman of a committee which was instruct- 
ed to act with a similar committee from the Senate "to 
correspond or confer' ' with the Commissioners and to 
"ascertain whether said committee are at this time pre- 
pared to report a complete and perfect code to the Gov- 
ernor of said State, or any part thereof, and if so, how much 
and what part of said code." 58 When this resolution 
reached the Senate it was referred to the Judiciary Com- 
mittee by whom, for some reason, it seems never to have 
been reported. 59 

Early in the session a joint resolution had been intro- 
duced in the Senate requesting the services of Charles 
Mason and William G. Woodward "in explanation of the 
new code of laws". 60 The House did not look with favor 
upon this procedure and accordingly defeated the Senate 
resolution. 61 Why the House took this attitude is not 
stated; but it was asserted that "notwithstanding this ac- 
tion of the House, it is understood that the Commissioners 
will remain in the City, and will be ready at all times to 

se House Journal, 1850-1851, p. 27. 

57 Various notices of the part that Mr. Folsom took in the debates are to be 
found in the newspapers of the period in question. See the Miners' Express 
(Dubuque), Vol. X, No. 16, Wednesday, December 25, 1850. 

58 House Journal, 1850-1851, p. 38. 

59 Senate Journal, 1850-1851, p. 36. 
«o Senate Journal, 1850-1851, p. 35. 
ei House Journal, 1850-1851, p. 55. 



HISTORY OF THE CODES OF IOWA LAW 



21 



render such assistance, by way of explanation, as is in their 
power to do." 62 

THE PRINTING OF THE CODE 

The Code when first received from the Commissioners 
was in manuscript form and the question of having it print- 
ed was as perplexing as it was important. A committee of 
three, consisting of George G. Wright, "Warner Lewis, and 
H. B. Hendershott, was appointed from the Senate to con- 
fer with a similar committee on the part of the House, 
whose duty it was ' 1 to report at an early day what portions, 
if any, of said report it will be necessary to have printed." 63 
The representatives from the lower branch of the legisla- 
ture were E. E. Harbour, Isaac M. Preston, Theophilus 
Crawford, William Harper, and Peyton Wilson. 64 A reso- 
lution was offered in the House to instruct the Eepresenta- 
tives on this committee to "insist that one hundred copies 
of the entire code be printed in a speedy manner for the use 
of the members of this House ' \ 65 Although this resolution 
failed, the House did, on December 14, 1850, order that one 
hundred thirty copies of the greater portion of the Code be 
printed "for the use of the General Assembly' \ 66 The re- 
port of the joint committee, which had selected only certain 
titles and sections to be printed, was laid on the table. 67 
The greatest objection to printing seems to have been ques- 
tions of economy on the part of the legislature and, on the 
part of the people, the fear that if printed the report of the 
Commissioners would be badly mutilated by amendments. 

62 Miners 9 Express (Dubuque), Vol. X, No. 15, Wednesday, December 18, 
1850. 

63 Senate Journal, 1850-1851, p. 34. 

64 Bouse Journal, 1850-1851, p. 50. 

65 Bouse Journal, 1850-1851, pp. 56, 57. 

66 Bouse Journal, 1850-1851, p. 70. 

67 Bouse Journal, 1850-1851, p. 60. 



22 IOWA JOURNAL OF HISTORY AND POLITICS 



The discussion relative to the printing clearly shows that 
the situation in reference to the Code was critical. The 
consideration of this question revealed the attitude of the 
legislators, the opinion of the press, and the interest of the 
people generally relative to the work of the Commissioners. 
In examining the newspapers, which are the most illumi- 
nating if not the only source of information on this subject, 
one finds the following in The Burlington Tri-Weehly Tele- 
graph, under the caption 4 4 The New Code — Let Well 
Enough Alone ' ' : 

A friend, writing us from the Capital, under a late date, says: 

"The committee appointed to revise and report a code of laws, 
have performed their duty and their report in the main is a good 
one ; but as you must be aware the devil is to get the legislature to 
let it alone, or in other words to adopt it, without making ten thou- 
sand amendments. The House has ordered it all printed, or nearly 
so, which promises no good for our code of laws." 

The misgivings of the public at large, on this subject, it seems 
are about to be realized. We shall not quarrel with a body which 
is entitled to our unqualified respect, nor presume to set up our 
feeble judgment against the wisdom of a legislature which is justly 
distinguished from all others which have preceded it for intelli- 
gence and ability: yet, we will frankly confess that we had enter- 
tained the hope that a different course of policy would be pursued by 
them in this respect, and we as frankly confess our fears that more 
harm than good will result from the one which they have adopted. 

We would not ask men to go blindly to work, nor to trust to the 
infallibility of other judgments; but we will say that the exercise 
of a" generous confidence, ' ' to some extent at least, in this instance, 
would have inspired the public mind with better hopes than can be 
gathered from what appears to be a wholesale proceeding against 
the report of the commissioners. . . . We sincerely believe that 
any material alterations on the part of the legislature will disap- 
point the public expectation, and probably beget a general dis- 
satisfaction with the entire code. We speak thus from no feeling 
of disrespect to the legislature: we beg leave humbly to tender 
them assurances of profound regard: but we deem it an imperative 



HISTORY OF THE CODES OF IOWA LAW 



23 



duty incident to our position to bear testimony to the public ex- 
pectation and the public wish in this respect. It should also be 
remembered that one of those commissioners is at present the 
Executive of the State ; and it may fairly be presumed that he at 
least, looking forward to the high duties about to be devolved upon 
him, and naturally anxious for the prosperity and happiness of the 
people over whose interests he had been called to preside, would be 
peculiarly careful in the preparation of a code which he would be 
called upon to see executed, and in the introduction of a policy 
which it would become his duty to carry into effect. 

"We therefore say to the legislature that these considerations 
(whether justly or not is another question) have entered into the 
minds of men, inspired a general confidence, and prepared the 
public in favor of the code presented by the commissioners. This 
code has been a long time in preparation, and the people will expect 
it to come forth comparatively if not entirely free from crudities. 
If, therefore, the revisory power of the legislature must be exer- 
cised in order to an honorable vindication of a delegated sover- 
eignty, we trust it will be done with all the delicacy proper to high 
life, and that the new candidate for favor (the modest and doubting 
child of the three commissioners) will be greeted with all the elegant 
ceremonies of the drawing room, rather than be ' 1 put through ' ' the 
embarrassing ordeal of stern and unmerciful criticism. In fine, we 
will continue to indulge the hope that the order i 'to print" augurs 
a growing passion for literature, rather than an established predi- 
lection on the part of any one of our public servants to immortalize 
himself as a Lycurgus "nolas volus."* 8 

The Iowa Star anticipated strong opposition to the code. 
Through a letter from Iowa City on December 14, 1850, it 
declared that "the House of Representatives have ordered 
the principal part of it printed. After this is done, and 
each member has had an opportunity of giving it a critical 
examination, we anticipate many attempts at amendment, 
but with what success remains to be seen." 69 

68 The Burlington Tri-Weelcly Telegraph, Vol. I, No. 84, Thursday, December 
19, 1850. 

69 Iowa Star (Fort Des Moines), Vol. II, No. 8, Thursday, December 26, 
1850. Mr. Curtis Bates was the editor of this newspaper. 



24 IOWA JOURNAL OF HISTORY AND POLITICS 



In the Miners' Express is found an excellent summary of 
the motives controlling the action of the legislators in ref- 
erence to the printing of the report. Its correspondent 
writing from Iowa City says : 

The question which, more than all others, has engaged the at- 
tention of the General Assembly hitherto, and especially that of the 
members of the House, has been the propriety of printing the re- 
vised code previous to Legislative action thereon. Most of the mem- 
bers seem to have come here entirely undecided as to what course 
was best to be pursued in this matter. It was a question which had 
perplexed them, and those of their constituents who gave thought 
to the subject, and how it was to be decided no one could tell. The 
question of printing, or not printing, was in fact, the question, 
whether or not the Legislature would examine the code for them- 
selves, or whether they would take it in the main, as it came from 
the hands of the Commissioners. Whether they should, in this mat- 
ter, be the Legislators in fact, or mere approbatory assembly, con- 
vened to give a formal sanction to what had been done by a 
comparatively irresponsible Commission. 

Some few in the early part of the session, did not hesitate to de- 
clare in favor of a thorough examination, and proper legislative 
action. Others, either from economical motives, a distrust of their 
ability to amend what had received the sanction of the distinguished 
legal gentlemen, who had prepared the report, or from some other 
motives, were willing to pass upon the whole with but a cursory 
examination, or even none at all. 

Among the foremost, in favor of printing, and thoroughly ex- 
amining the Code, was the gentleman from Johnson, Mr. Fulsom 
[Folsom]. He did not hesitate to declare himself decidedly op- 
posed to hasty, or unadvised action ; he wished time and opportunity 
to examine the whole Code, and was determined to exercise his 
right, and stand to the responsibility which pertains to him as a 
Legislator. 

The Senate were in favor of printing a portion of the Code, as 
reported by a joint committee, raised to enquire into the expediency 
of the matter, but the House, after several rather stormy debates, 
laid the committee's recommendation upon the table. 70 

70 Miners' Express (Dubuque), Vol. X, No. 16, Wednesday, December 25, 
1850. 



HISTORY OF THE CODES OF IOWA LAW 



25 



As finally printed by the House the report made an octavo 
sized book of four hundred and ninety-five pages and con- 
tained the greater portion of the labors of the Commis- 
sioners. 71 The resolution which ordered the printing called 
for only one hundred and thirty copies, and it also provided 
that the printing should be done "in manner and form sim- 
ilar to the Auditor's report and that said printing . . 
. . shall be laid before the House for the purpose of being- 
read, discussed and referred; and that each part shall be 
taken up and disposed of in their proper order." 72 

The printed report of the Commissioners is exceedingly 
rare, the only copy known to the writer being in possession 
of the Iowa State Law Library in the State House at Des 
Moines. It comprises, as stated above, four hundred ninety- 
five pages and contains neither notes nor comments of any 
kind. As to contents the report is almost identical with 
the Code as finally enacted, only slight changes being made 
here and there by the legislature. The report begins with 
Part One, Title III, Chapter 5 — which is the chapter en- 
titled County Judge. The title page of this rare book 
reads : 

7i The copy of this report which was used by the writer is in possession of the 
Iowa State Library at Des Moines. In a letter from Mr. A. J. Small, the Law 
Librarian, dated August 19, 1911, he declares : "I do not know of another copy. 
I hunted and looked for more than a dozen years for the report of 1851, but 
finally found one in a second hand shop in Chicago. ' ' The name 1 1 E. Lowe ' ' 
appears upon the fly leaf and no doubt the copy is the one which Mr. Lowe 
used as the President of the Senate. The Beport of the Code Commissioners is 
bound with the Engineers Beport on the Davenport Iowa City Bailroad, the 
Beport of the Committee on Federal Belations, 1850; and the Biennial Beport 
of the Board of Puolic WorTcs for 1850. Following the latter report are many 
blank pages which have been bound in with the several reports. Mr. Lowe's 
name is written on one of the title pages of the other reports mentioned, as is 
also the name "Mrs. Dr. Lowe." Upon the fly leaf of the report of the Code 
Commissioners also appears the name "Finley Burke", and upon the bind- 
ing the name "Geo. H. Stillman." The binder's title is "Laws of Iowa 
1850". 

™ House Journal, 1850-1851, p. 70. 



26 IOWA JOURNAL OF HISTORY AND POLITICS 

A PORTION 

OF THE 

EEPOET 

OF THE 

COMMISSIONERS APPOINTED TO DRAFT, REVISE AND ARRANGE 

A 

CODE OF LAWS 

FOR THE 
STATE OP IOWA. 

Ordered to be printed by House of Eeps. 



IOWA CITY : 
PALMER & PAUL, STATE PRINTERS. 

1850. 

CONSIDERATION OP THE REPORT OF THE COMMISSIONERS 

With the printing question settled the consideration of 
the contents of the report of the Commissioners was begun 
in earnest. On December 14, 1850, Mr. Isaac M. Preston of 
the House Judiciary Committee offered a resolution pre- 
scribing the manner in which the report should be consid- 
ered in the House. 73 Although this failed of passage, a 
resolution which provided that the new code be the special 
order at 2 o'clock, P. M. of every day until dispensed with 
appears to have been adopted. 74 Of the many amendments 
proposed in the House but few were finally enacted into 
law. 

Some of the published accounts of the method of the legis- 
lature in acting upon the report of the Commissioners are 
very amusing. A correspondent to the Muscatine Journal 
thus describes the course pursued : 

73 House Journal, 1850-1851, p. 69. 

74 House Journal, 1850-1851, p. 91. 



I 

HISTORY OF THE CODES OF IOWA LAW 27 

The process is some thing like this: A chapter is read by the 
Clerk of the House, to thirty-nine persons, whose qualifications to 
judge of its merits or demerits, are equal to those of any equal 
number of persons selected indifferently from the counties of the 
State. The law required them to approve each chapter before it 
becomes a law ; they feel the importance of their position — and in 
order to show to their constituents that they know and understand 
what is going on, each one feels called upon to leave, if possible, his 
mark upon each chapter. After the Clerk has read the chapter, 
each solon begins to scratch his head, and wonder if some portion 
can't be altered without doing much damage. The reading of the 
chapter by sections is then called for ; by the time the first section 
is read, about three of them are on their feet, having caught an idea 
— Mr. Speaker ! Mr. Speaker ! ! Mr. Speaker ! ! ! is heard from 
east, south and west: The Speaker recognizes the gentleman from 
"Buncombe" county, and the other two, in a discontented mood, 
take their seats more determined than ever, the world shall have the 
benefit of the idea which is struggling within them for utterance. 

The gentleman from "Buncombe" approves of the general sense 
of the section, but some of the details are a little different from 
what "they used to was" in the State of Kentucky, on the north 
fork of "Big Sandy," whar he was born, and he therefore moves 
to strike out the word ' 1 quantity ' ' and insert the words ' 1 powerful 
sight" — the gentleman on his left seconds the motion, and sug- 
gests that the words ' ' or smart chance ' ' be inserted after the words 
"powerful sight," which modification is accepted by the gentleman 
from "Buncombe," and the question on the amendment is put and 
carried, and so on through the chapter. 

Thus it may be seen that whatever merits the code may have pos- 
sessed in propriety and simplicity of diction, it may be stripped of 
all by amendments in non-essentials. 75 

Another issue of this paper contains a somewhat similar 
description, which reads : 

A page will be read when a member will move that a certain 
passage be omitted. Another member will jump up and ask to re- 
tain the passage and insert certain specified words. By the time 
they finish a few pages they are so riddled that their authors would 

75 Muscatine Journal, Vol. II, No. 33, Saturday, January 11, 1851. 



28 IOWA JOURNAL OF HISTORY AND POLITICS 



scarcely recognize their own. What was the utility of appointing 
Messrs. Woodward, Mason and Hempstead to compile a code of 
laws if our Legislators possess legal talent so much superior ? 76 

By December 27, 1850, the House had made sufficient 
headway in its consideration of the report that a conference 
committee was appointed "to confer upon all disagreements 
in either house to the amendments made by the other to the 
report of the committee of revision Mr. Lysander W. 
Babbitt, Theophilus Crawford, and John Thompson were 
appointed from the House, 77 and Warner Lewis, George 
Hepner, and George G. Wright from the Senate. 78 On Jan- 
uary 18, 1851, the progress on the Code had reached the 
point where it became convenient to pass the following reso- 
lution : 

Resolved, the Senate concurring herein, that each chapter of the 
revised code be amended by affixing a title thereto expressive of the 
subject matter therein contained and that each chapter be con- 
sidered as a single bill or law and read a third time and passed upon 
as such and that for the purpose of preparing and arranging said 
amendments, a select committee of five be appointed on the part of 
the House, to act with a similar committee on the part of the Senate 
with instructions to arrange the title and style to said chapters or 
laws in accordance with the constitution of the state of Iowa. 79 

During the remainder of the session, the greater part of 
the time devoted by the House to the Code was in consider- 
ation of amendments made thereto by the Senate. It is of 
interest to know that although the House defeated the Sen- 
ate bill requesting the services of the Commissioners in 
explanation of the Code, yet on January 2, 1851, it approved 
a resolution which granted Messrs. Charles Mason and W. 

76 Muscatine Journal, Vol. II, No. 32, Saturday, January 4, 1851. This ar- 
ticle was a clipping from the Davenport Gazette. 

77 House Journal, 1850-1851, p. 114. 
i* Senate Journal, 1850-1851, p. 132. 

79 House Journal, 1850-1851, pp. 230, 231. 



HISTORY OF THE CODES OF IOWA LAW 



29 



G. Woodward the privilege of attending on the Committee 
of the WTiole and of making "explanations of their re- 
port". 80 At the same time it appears that a motion to 
allow the Commissioners $2.00 per day for their services 
was laid npon the table. 

The consideration of the report in the Senate likewise 
provoked much debate. Here the Judiciary Committee con- 
sisted of Messrs. P. M. Casady, George G. Wright, H. B. 
Hendershott, John P. Cook, and William E. Leffingwell, 
who were the leaders in the discussions. 81 

On December 9, 1850, a resolution was introduced into 
the Senate "relative to the appointment of a committee to 
examine and report to each branch of the General Assem- 
bly, the code of laws submitted by the revising commission- 
ers. ' ' 82 This proposition met with defeat, for on the follow- 
ing day the joint committee reported certain parts of the 
proposed Code for printing. 83 Moreover, it appears the 
joint committee had examined the first three parts of the 
report and in recommending the printing of certain parts 
thereof declared they had "found the duties assigned them 
difficult, it requiring great care to properly discriminate 
between those parts which required printing, in order to an 
intelligent consideration thereof, and those which propos- 
ing no great change in provision from present laws, could 
well be considered without printing.' ' They further re- 
ported that they had dispensed with the printing of at least 
half of the report as there was desire to adopt the code with 
very little change. 

Shortly after receiving this report from the joint com- 
mittee a resolution was introduced and passed calling upon 

&o House Journal, 1850-1851, p. 129. 
si Senate Journal, 1850-1851, p. 25. 

82 Senate Journal, 1850-1851, p. 39. 

83 Senate Journal, 1850-1851, pp. 42, 43. 



30 IOWA JOURNAL OF HISTORY AND POLITICS 



the Governor for information as to "whether the Board of 
Commissioners — have reported to him the completion of 
this work — and if they have not so reported, what infor- 
mation he has relative to the progress of said work." 84 

In response to this request Governor Hempstead replied 
that he had just received the remaining portions of the 
Code, with the exception of a few chapters. In connection 
with the report he also transmitted the letter of the Com- 
missioners giving the reasons for withholding the remain- 
ing chapters. 85 The delay arose from the fact that it was 
not desirable to complete some sections until the greater 
part of the Code had been adopted. 

On the same day that this report was received a motion 
was made "that the entire code be considered as read a first 
and second time, and that the Secretary of the Senate trans- 
mit the same to the House of Bepresentatives." 86 After 
amendment the motion passed and a considerable portion 
of the original report of the Commissioners was thus acted 
upon by the Senate. 

When the House resolution providing for the appoint- 
ment of a joint committee to arrange the titles of the va- 
rious chapters reached the Senate it met with defeat; 87 and 
as a result the titles in the Code of 1851 are practically the 
same as those used in the original report of the Commis- 
sioners. There was a feeling that each chapter would re- 
quire a separate heading, in order to conform to a provision 
in the Constitution which prohibited an act of the legisla- 
ture from containing more than one subject. 88 The Judici- 
ary Committee of the Senate in a very clear report suc- 
ceeded in getting around the difficulty as follows : 

84 Senate Journal, 1850-1851, p. 46. 

85 Senate Journal, 1850-1851, pp. 51, 52. 
se Senate Journal, 1850-1851, p. 50. 

«7 Senate Journal, 1850-1851, p. 203. 

88 Constitution of Iowa, 1846, Art. Ill, Sec. 26, in the Code of 1851, p. 549. 



HISTORY OF THE CODES OF IOWA LAW 31 



It is wholly inexpedient to make the change contemplated by the 
message of the House of Representatives. It would be attended with 
much trouble, would consume time that is needed for other pur- 
poses and would greatly disfigure the appearance of the work. It 
is also unusual in modern revisions. Within the last twenty years, 
we know of no instance, in which a work intended as a complete and 
entire revision of the laws of any State in the Union, has been 
drawn up in such a manner. 

But we are aware that the main argument in favor of the con- 
templated course, grows out of a supposed requirement of the con- 
stitution to that effect. The constitution requires that "every law 
shall embrace but one object, which shall be expressed in its title." 
We do not believe this requirement renders the proposed course 
necessary. 

Without straining any rule of legal construction, we think the 
revised Code may be regarded as a law with but one object, the title 
of which would be fully expressed by declaring it to be, ' 1 an act for 
revising and consolidating the general statutes of the State of 
Iowa." In other words, it is an act for the government of the 
State. It is true, that it includes within itself many subjects, but 
they all tend to the accomplishment of that one object. 

The intention of the constitution was doubtless to prevent several 
independent matters, having no natural connection with each other 
from being incorporated in one act. It was aimed particularly at 
acts of special legislation, and was intended to prohibit incongruous 
measures of that character, from being carried by force of com- 
bination, when singly and each standing upon its own merits alone, 
they would not meet with the approval of the legislature. But it 
certainly was never designed to prevent one entire law from being 
adopted as whole. The revised code is of this very character, very 
few if any of its chapters could be annihilated without essentially 
affecting the symmetry of the whole. It is like one of those pieces 
of machinery composed of many parts, but where the removal of 
any one would prevent the harmonious action of all. Must we 
create these independently and in detail? Must we adopt one ab- 
solutely without any reference to the kind and character of all 
the others? Your committee is clearly of the opinion that the 
constitution is not liable to the charge of intending so great an 
absurdity. 



32 IOWA JOURNAL OF HISTORY AND POLITICS 



It is true that there are many provisions of the revised code, 
which if either of them had been made the subject of an independent 
enactment, could not under our constitution have been united with 
any of the others. But the case is changed when each is made a 
portion of one general law which properly embraces both. Thus, a 
law for punishing a person for peddling clocks without license, 
has no apparent connection with one exempting burying grounds 
from taxation, and an act which should embrace these two objects 
and nothing else, would be a violation of our constitution. But 
when both are made portions of a revenue law the objection van- 
ishes. . . . 

We believe this distinction to be clear and just, and that its ob- 
servance will enable us to avoid inextricable difficulties. If a con- 
trary view be adopted, the constitutional provision will not be com- 
plied with by prefixing the enacting clause to each chapter, but the 
chapters themselves must be dissected, re-written and enacting 
clauses prefixed to the different portions. The school law, revenue 
law, probate law, road law and justice 's law in particular would be 
liable to this constitutional objection. Most of the other chapters 
of the code would, to a greater or less extent, be in a similar predica- 
ment, nay if the idea is to be carried out in all its strictness, many 
of the sections of the code must be split into fragments, as they are 
for convenience and brevity made to contain two or more inde- 
pendent ideas. 89 

At the close of the session a certain part of the report 
known as the 4 ' Appendix' 9 cansed both branches of the 
legislature considerable discussion. The House had or- 
dered this part of the report printed, early in the session, 
along with the greater portion of the draft submitted by the 
Commissioners. This Appendix was printed between parts 
three and four and contained four very interesting pro- 
visions. 90 The Commissioners stated that the adoption of 
what was contained in the Appendix was considered by 
some of the committee as "of doubtful propriety' 7 but as it 
contained matter of importance it was so placed that it 

so Senate Journal, 1850-1851, pp. 219-221. 

no Report of the Code Commissioners, 1850, pp. 320-326. 



HISTORY OF THE CODES OF IOWA LAW 



33 



could be omitted or adopted without disturbing the remain- 
ing parts of the Code. 

The first provision made in the Appendix was for 
" Courts of Conciliation", to be held by the County Judge 
and to try a certain class of tort cases submitted to him. 
The pleadings provided for in this court were very simple 
and it was made "the duty of the judge .... so far 
as is compatible with his duty as judge to give to every per- 
son who may ask it advice respecting his differences with 
another." 91 

Another section of the Appendix was entitled * ' Offers Of 
Compromise", and provided that a defendant could make 
a tender of compromise to the plaintiff, who, if he accepted, 
would receive judgment either in term time or vacation. 92 
The third provision was for the "Abolition Of Actions In 
Certain Cases", one of which was the abolition of the action 
for any sum less than fifty dollars in amount. 93 After the 
year 1865 all actions for debt were to be abolished, regard- 
less of the amount. The last and perhaps the most unusual 
of any of the features of the Appendix was the provision 
for the abolition of capital punishment. 94 

By printing this Appendix and making amendments to 
the same, the House evidently considered it as a part of the 
Code. The Senate, however, appointed a committee to en- 
quire whether it was intended that the Appendix should 
constitute a part of the Code. 95 The committee was not 
unanimous in its opinion and two very clear and able re- 
ports were made. 

The majority of the committee were of the opinion that 
the Appendix was not 6 i part and parcel of the revised code ' ' 

si Eeport of the Code Commissioners, 1850, p. 322. 

92 Eeport of the Code Commissioners, 1850, p. 323. 

93 Eeport of the Code Commissioners, 1850, p. 324. 

94 Eeport of the Code Commissioners, 1850, p. 326. 

95 Senate Journal, 1850-1851, p. 286. 

VOL. X — 3 



34 IOWA JOURNAL OF HISTORY AND POLITICS 



as reported, because it had not been acted upon by the Com- 
missioners according to the law which created the Code 
Commission, and also because the explanation made by the 
Commissioners for inserting the sections showed con- 
clusively that they did not intend the Appendix as a part 
of the original report, but only as features which should be 
brought to the attention of the General Assembly. The 
majority were further of the opinion that the General As- 
sembly had taken no action incorporating the Appendix as 
a part of the Code ; and the mere fact of its being printed 
by the House did not amount to an act of incorporation. 
Accompanying this report was a resolution declaring that 
the Appendix constituted no portion of the Code as re- 
ported to the legislature. 96 

The minority of the committee also presented an able 
and convincing report in which they held that the Appendix 
should be considered as a part of the revised Code. Mr. 
George Hepner, whose name is signed to this report, de- 
clared that the Appendix in the original draft of the Code 
Commissioners had received the affirmative approval of the 
legislature, that it was now too late to change matters, and 
he proposed a resolution declaring this section to be a part 
of the Code. 97 The Appendix failed of passage and only 
one of the reforms which were embodied in it has ever been 
enacted into the law of Iowa. 98 

THE ADOPTION OF THE CODE OF 1851 

On the day before the session closed a bill was received 
from the House authorizing the publishing of certain docu- 
ments in connection with the Code which, after being read, 

»« Senate Journal, 1850-1851, pp. 296-298. 
»7 Senate Journal, 1850-1851, pp. 310-313. 

98 This is the offer to compromise, and can be found in Section 3819 of the 
Code of 1897. See also House Journal, 1850-1851, p. 379. 



HISTORY OF THE CODES OF IOWA LAW 



35 



was laid on the table." In the forenoon of the last day of 
the session the Senate passed the revised Code by the de- 
cisive vote of fourteen to three 100 and the House took a simi- 
lar stand the same evening, the vote in the House being 
twenty-three to thirteen in favor of the Code. 101 

The legislature held a brief evening session on February 
5, 1851, and on the same day at about eight o'clock in the 
evening the Governor signed the bill which is known as the 
Code of 1851. 102 The Code is in the form of a single act, 
and although it was considered in chapters and sections by 
the legislature, it was passed as any other single bill. The 
title, preamble, and enacting clause of the act read as fol- 
lows : 

"An Act For Revising and Consolidating The General Stat- 
utes of the State op Iowa. Whereas, it is expedient that the 
general statutes of this state be revised, consolidated, and properly 
arranged: Therefore, 

"Be It Enacted By The General Assembly Op The State of 
Iowa, as follows:" 103 

In his farewell speech Mr. Enos Lowe, the President of 
the Senate, declared : 

Our laws were deranged, dispersed, and technical — in a word 
so incomprehensible as sometimes to deceive even lawyers them- 
selves, and were of course much less suited to the conventional 
wants of the people at large, in the every day affairs of life. 

To remedy this great public evil, so universally and justly com- 
plained of, has been the chief aim and business of us all, and if we 
have succeeded in some degree, in better adapting the laws to the 
wants of the people, by rendering them less ambiguous, and as a 
consequence more respectable, an important work has been done. 

99 Senate Journal, 1850-1851, p. 304. 

100 Senate Journal, 1850-1851, p. 314. 

101 House Journal, 1850-1851, p. 380. 

102 Code of 1851, p. 469. See also the Iowa Star (Fort Des Moines), Vol. 
II, No. 15, Thursday, February 13, 1851. 

103 Code of 1851, p. 1. 



36 IOWA JOURNAL OF HISTORY AND POLITICS 



The revisory labors of the session, though assisted by the able re- 
vising commissioners who prepared the code for our action, have 
been arduous and tedious, and I trust your honest and faithful 
efforts to serve the State may be correctly appreciated and justly 
rewarded by your fellow citizens. 104 

Jurists of the present day have praised the Code of 1851 
as the best compilation of its kind yet published by the 
State of Iowa, but sentiment in 1851 was strong in some 
quarters against its adoption. Many of the provisions were 
new and untried, and criticism was chiefly directed against 
these features. In other quarters the feeling toward the 
new Code was friendly and the people placed great con- 
fidence in the men who had prepared it for the legislature. 
Newspaper comment was liberal and was doubtless an index 
to popular feeling toward the Code. 

Toward the close of the legislative session, the editor of 
the Iowa Star discussed the situation as follows : 

The people have been waiting patiently for several years under 
the expectation that a good new code would soon be prepared for 
them, by which they would be relieved from the many obscurities, 
ambiguities, and conflicts met with in the laws which have been in 
force in this State for several years past. Should they now after 
having waited so long, be disappointed in this reasonable expecta- 
tion, they would certainly not hold those guiltless by whom this 
disappointment should have been produced. 

But we will not permit ourself to believe for a moment that the 
code in some form will not be passed, as it would be somewhat 
remarkable after the general assembly have spent 50 or 60 days in 
trying to perfect it that they would adjourn before having com- 
pleted their work, and thereby render worthless the time already 
spent in legislating thereon. That some members will vote against 
its passage is probably true, but we cannot think the majority 
would pursue this course notwithstanding there might be some ob- 
jectionable features contained therein. We hope to see it passed in 
some shape which will not be very objectionable to the people and 

104 Senate Journal, 1850-1851, p. 325. 



HISTORY OF THE CODES OP IOWA LAW 



37 



as their experience points out defects, let succeeding general as- 
semblies perfect by the necessary amendments. 105 

The Burlington Tri-WeeMy Telegraph was, on the whole, 
favorable to the adoption of the Code with few amend- 
ments, although it severely criticised some members of the 
legislature for their attitude on various questions. 106 The 
Dubuque Miners' Express was very bitter toward the new 
Code, running weekly articles under the caption "The Re- 
vised Code — What it is, and What it Should be". 107 In 
these articles may be found a bitter attack upon the report 
and many arguments showing why the legislature should 
defeat its passage. In the third article there is presented 
a clear view of the editor's position in regard to the chief 
topic of that session of the legislature. The article reads : 

We propose to continue our remarks upon the Code under the 
above title, and as we intend to enter into a somewhat minute 
analysis of it both as it is presented by the Commissioners for 
adoption and as it may be amended by the Legislature, we shall 
have an opportunity of presenting our views both upon the general 

105 Iowa Star (Fort Des Moines), Vol. II, No. 13, Thursday, January 30, 
1851. 

106 See articles in The Burlington Tri-WeeMy Telegraph under the following 
titles: Iowa City Correspondence, Vol. I, No. 86, Tuesday, December 24, 1850, 
Vol. I, No. 89, Tuesday, December 31, 1850; Vol. I, No. 94, Saturday, January 
11, 1851, Vol. I, No. 95, Tuesday, January 14, 1851; The New County Organ- 
isation, Vol. I, No. 87, Thursday, December 26, 1850 ; To The Legislature, Vol. 
I, No. 89, Tuesday, December 31, 1850; The New Code — Let Well Enough 
Alone, Vol. I, No. 84, Thursday, December 19, 1850; The Revised Code, Vol. I, 
No. 123, Thursday, March 20, 1851; The New Code — Its Progress, Vol. I, No. 
91, Saturday, January 4, 1851. 

107 For articles on the Code of 1851 in the Miners' Express (Dubuque), see 
the following issues: Vol. X, Nos. 15, 20, and 25, Wednesday, December 18, 
1850, January 22, and February 26, 1851. See also the following articles: 
Letters from the Capital, oy the Editor, Vol. X, No. 16, Wednesday, December 
25, 1850; What the Legislature should do, Vol. X, No. 19, Wednesday, January 
15, 1851; The New Code, Vol. X, No. 24, Wednesday, February 19, 1851; The 
Revised Code — What it is, and What it Should oe. The latter title headed a 
weekly article during the session of the legislature. See also the Miners ' Daily 
Express (Dubuque), Vol. I, No. 1, Tuesday, August 19, 1851. 



38 IOWA JOURNAL OF HISTORY AND POLITICS 



principles of law and the proper application of those principles to 
the wants and circumstances of our own State and times. 

During the session of the Legislature we shall confine ourselves 
to such portions of the Code as appear to us the most objectionable, 
and we do this not without some hope that the arguments which we 
shall advance in support of our objections, may have some influence. 

We are aware that the public have been made to feel that implicit 
confidence should be placed in the integrity, ability and judgement 
of the Commissioners, and that nothing more was wanting on the 
part of the Legislature than to have gone through with the formal 
ceremonies of making laws of their report; but while we do not 
yield to any one in sincere confidence of their integrity, admiration 
for their ability, and respect for the judgment of the Commis- 
sioners, we are far from being convinced that the object which they 
were expected to accomplish has been attained. 

And before we proceed further in this analysis, it may be well 
to ask ourselves what were the Commissioners engaged to, or ex- 
pected to do? Was it merely to rearrange the already existing 
statutes, or was it to report a Code of laws which should be in them- 
selves sufficient to regulate our intercourse with each other in all 
our relations of legal life without having recourse to any other law 
for our rule and government? If the former line of conduct was 
that which the Commissioners felt bound to have pursued, they 
have far transcended their powers, and if the latter, instead of re- 
lieving the judiciary and giving anything like certainty to the 
application of legal principles to civil practice, they have left to the 
courts a discretion which cannot but be repugnant to the principles 
and spirit of the age in which we dwell and to the people of the 
present time. The great fault of our political system hitherto has 
been in its want of fixed principles in the administration of justice. 
No man, no matter what may be the justice of his cause, goes into 
one of our courts with confidence. He approaches the tribunal of 
justice with doubt if not with dread. He is taught to believe, for 
our system teaches him, that the 1 'law is uncertain," and as justice 
depends upon the law, the consequence is that Justice itself is not 
looked upon as a concomitant of right and truth, but as the reward 
of the successful wrestler in the legal temple. 

In our opinion, the Commissioners should have draughted a code 
of Jaw, which in the first place would be applicable to the general 



HISTORY OF THE CODES OF IOWA LAW 



39 



idea of Democracy. We do not use this word in its partisan sig- 
nification, but in that in which it embraces the general principles of 
both parties. 

The people, in the artificial relations which they are necessarily 
obliged to hold to each other, require certain intermediate agents 
for the proper maintenance of these relations, but the creation of 
these agents should be the effect of the people 's necessities for their 
use, instead of their being fashioned after the necessities or cus- 
toms of other people or even after the habits of our own. Now if 
we should examine, by referring to our actual wants, what are the 
duties to be performed by their intermediate agents, we shall then 
be able to judge of the number and character of the Agents them- 
selves, which should be created for the use of the people, 1st, in 
their relations with the State, 2d, in their relations with Counties, 
and 3dly, in their relations with towns and townships. 

This examination we shall make at another time. We have merely 
hinted at it now in order to give some notion of what we meant to 
have understood by the term we have used above, in referring to 
what we have conceived to be the first duty of the Commissioners. 

After having provided the necessary and requisite number of 
agents or officers, the Commissioners should next have prescribed 
their duties, leaving to their discretion as little as it were possible 
to leave untaught, and having done thus far, then, if not before 
would come the application of the relations of the citizen to each 
other. Here is the great task to be performed, and it is just here 
where the Commissioners have most signally failed in its perform- 
ance. We will not prejudge them however, and as the greater por- 
tion of the code intimately connected with jurisprudence, is not yet 
published, we shall refrain from further comment upon that branch 
of the subject for the present. 

In our future essays, we shall examine this code with reference 
to the positions herein assumed, promising as we have already done, 
that we confine our remarks to the more objectionable features of it 
till after the adjournment of the General Assembly. 

To be governed by a foreign law, especially when that law is not 
preknown to the people whose conduct is to be regulated thereby, 
and according to the principles of which, justice is to be admin- 
istered to them, — is something repugnant to the idea of Democratic 
Republican government, and subversive of the great principles on 
which such a government must necessarily be based. 



40 IOWA JOURNAL OF HISTORY AND POLITICS 



In a Republic it is presumed that the will of the people to be gov- 
erned, is the Supreme law for their government ; but is this really 
the practice? Are we not governed by laws which we have not 
only not agreed to make, but which we do not even know the exist- 
ence of before one of our judicial tribunals is called upon to apply 
them to some question at issue ? 

To obviate all this, the Legislature should pass an act to the effect 
that the people of Iowa should neither be governed by, nor made 
subject to any other laws than those enacted by the U. S. Congress 
and their own Legislature. This act may be in the following or 
similar language : 

Be it enacted by the General Assembly of the State of Iowa, 
That Hereafter the people of this State shall be governed by no 
other laws than those enacted by the Congress of the United States 
and by the General Assembly of the State of Iowa. 

Sec. 2. No law or legal principle which is not specially enacted 
by one of the authorities aforesaid shall have any force or effect 
whatever in this State, and the Judicial tribunals are hereby for- 
bidden from applying, to any question at issue before them the 
laws of other states or nations, or the decisions of other courts of 
judicature. 

Sec. 3. In cases where the questions at issue before the court 
cannot be decided by existing statutes, it is hereby made the duty 
of the presiding judge to certify the same to the Governor, giving 
the Executive such information relative to the case as will explain 
the defect or necessity; and the Governor shall by message inform 
the next General Assembly of the same. 

Sec. 4. If the defect be such an one as requires a remedy, the 
General Assembly shall provide for the same by such statutory 
enactment as they think most applicable to the circumstances. 

Sec. 5. This statute shall take effect and be in force from and 
after the 4th day of July, 1851, and it shall not be otherwise re- 
pealed than by a majority of the people of the State voting for the 
same. 

A statute in some such terms and with such a design as this has 
in view, would be worth more to the people of this State than all 
the laws which have hitherto been adopted for their government. 
It would have the grand effect of sweeping away at one breath the 
undefined principles which are continually sought for and applied 



HISTORY OF THE CODES OF IOWA LAW 



41 



to cases in law, and fixing in their stead a written law, which every 
one who chooses may read and learn. It would be a practical dec- 
laration of Independence from all foreign control, except so far as 
the people themselves would think proper to be controlled by adopt- 
ing the laws of other states and nations. But this adoption would 
be by the people 's Agents selected for that purpose, and not by the 
agents selected to apply these laws in administering justice. 

In a word, we would, at once, be rid of Judge Law commonly 
called common Law, instead of which the Law of Common Sense, 
based upon common necessity, would become supreme. 

We shall ask some one of our friends in the present Legislature 
to bring this subject before that body for immediate action, and if 
it should fail now, we shall continue to agitate for the next two 
years with a strong hope that then, if not now, this statute will be 
adopted. 108 

CHARACTER AND CONTENTS OF THE CODE 

The first real Code of Iowa went into effect on July 1, 
1851, and remained in force until replaced by the Revision 
of I860. 109 Some writers seem inclined to consider the Code 
of 1851 as a new book of law. It is trne that it is impossible 
to find in it the statutes of the legislatures, as such, prior to 
the time of its adoption, for the Commissioners had fused 
all the statute law in Iowa into one new law which contained 
the major part of the previous existing statutes. By such 
a process the conflicting acts were reconciled, the scattering 
enactments were welded into one, and the superfluous pro- 
visions were weeded out. The result was a code whose pro- 
visions were simple and clear, a body of law condensed and 
reduced in bulk, a statute free from verbiage and useless 
parts. 

It must be borne in mind, also, that many parts of the 
Code of 1851 were entirely new in their provisions, and were 
not contained in the preexisting statutes. Provisions which 

los The Miners' Express (Dubuque), Vol. X, No. 18, Wednesday, January 8, 
1851. 

109 Code of 1851, p. 472. 



42 IOWA JOURNAL OF HISTORY AND POLITICS 



the commission considered useless, or which conld be im- 
proved upon, were either dropped or gave place to new or 
amended acts. As a result the Code contained only a por- 
tion of the statute law which had been passed prior to 1851. 
Nor did the Code of 1851 contain all the law at the time of 
its enactment, In speaking of this fact Mr. Justice McClain 
says: 

In Iowa the movement for complete codification of the law never 
got beyond the code of procedure and the criminal code. No at- 
tempt was made either by Judge Mason or succeeding codifiers to 
embody any considerable part of the general principles of the law 
in statutory form. It is doubtful if such an attempt would have 
been wise. As a matter of fact the difficulties of applying the terms 
of a statute are found to be quite as great as those in applying the 
general rules of the unwritten law. 110 

During the period of the creation of the first code com- 
mission of Iowa, a commission on law reform was making 
reports to the legislature in New York. The code of civil 
procedure as adopted in New York was a great improve- 
ment over the old forms and was adopted to a greater or 
less degree in some of the other States. 111 Authorities are 
inclined to believe that the Code of 1851 was not borrowed 
from New York, but that it was an independent and original 
work. Mr. Justice McClain declares : 

It must not be assumed that the Code of 1851 was a copy of, or 
substantially derived from, any code found in any state. The gen- 
eral principles of law reform as they had been discussed in New 
York and elsewhere were recognized, but the result was the pro- 
duction of the Iowa author, and not a mere adaptation of the work 
of another. 112 

1 J o McClain 's Charles Mason — Iowa's First Jurist in the Annals of Iowa, 
3rd Series, Vol. IV, p. 608. 

in The Field codes were adopted in California in a body. — See Annals of 
Iowa, 3rd Series, Vol. IV, p. 608. 

112 McClain 's Charles Mason — Iowa's First Jurist in the Annals of Iowa, 
3rd Series, Vol. IV, p. 608; also Report of the Code Commissioners, 1859, p. 190. 



HISTORY OF THE CODES OF IOWA LAW 



43 



In the Report of the Code Commissioners in 1859 it is 
stated that "the terms of the parent act [the New York 
Code] were so far departed from as to make it difficult even 
to those well versed in both acts, and almost impossible for 
others to apply the judicial illustration which the New York 
act has secured, to the illumination of our own." 113 

The Code of 1851 stands preeminently for a clear presen- 
tation of the law. It attempted to give the law in such 
simple language and plain statement that those who were 
unskilled in legal terms would have an adequate conception 
of what was intended in the act. In the first title we have 
various terms and phrases defined under the heading ' ' Con- 
struction of Statutes". 114 The section provides among 
other things that "words and phrases shall be construed 
according to the context, and the approved usage of the 
language ; but technical words and phrases, and such others 
as may have acquired a peculiar and appropriate meaning 
in law, shall be construed according to such peculiar and 
appropriate meaning." There are twenty- two construc- 
tions in this section and they have been adopted in every 
succeeding code of the State. 

In size, the first Code of Iowa was a small book when 
compared with later works, containing only six hundred 
eighty-five pages of ordinary law book size. The paper used 
in this volume is of an unusually good quality and mechan- 
ically the book is of high order. It was bound in sheep and 
sold for two dollars and fifty cents a volume. The law pro- 
vided that six thousand copies should be published, half of 
which were to be distributed to the organized counties, one 
thousand to be saved for future needs, and the balance, ex- 
cluding those given to officials, were to be sold — the Secre- 
tary of State being allowed four hundred dollars for the 

us Eeport of the Code Commissioners, 1859, p. 190. 
n4 Code of 1851, pp. 6-8. 



44 IOWA JOURNAL OF HISTORY AND POLITICS 



task of making the distribution. 115 The law authorizing 
the printing went into considerable detail in describing the 
manner in which the work should be done, among other 
things providing that it should be "printed on good book 
paper, the body of the work in small pica type set solid, 
with marginal notes and index in brevier type, with the 
subjects at the head of the pages and the part, title, or 
chapter at the head of the margin, and shall be published in 
one volume of royal octavo size, full bound in sheep and 
lettered 1 Code of Iowa 1851 '." 116 William G. Woodward, 
one of the Commissioners, was appointed to supervise the 
publication of the Code, and to prepare an index and mar- 
ginal notes for the same. It is entirely probable that Judge 
Mason assisted in the work of editing the Code, as some 
writers have claimed. 117 

The general and local laws were published in a separate 
volume and formed no part of the Code, which was consid- 
ered as distinct and separate from all other legislation of 
the session. 118 On the last day of the session a joint reso- 
lution was passed providing that "all laws now in force in 
relation to common schools, the university and school lands, 
be compiled and arranged under the direction of the Super- 
intendent of Public Instruction, and as so compiled and 
arranged, that the same shall be printed and published in 
their appropriate places in the revised code. ' ' 119 Such laws 
form Title XIV of the Code of 1851, which is easily dis- 
tinguished from the remaining portions of the book in that 
it consists mainly of a collection of the various statutes in 
force and is not fused into one general act. 120 

us Code of 1851, pp. 471-473. 
us Code of 1851, p. 471. 

n7 Annals of Iowa, 3rd Series, Vol. IV, pp. 606, 607. 
us Laws of Iowa, 1850-1851, pp. 254, 255. 
ii» Laws of Iowa, 1850-1851, p. 251. 
1 20 Code of 1851, pp. 159-186. 



HISTORY OF THE CODES OF IOWA LAW 



45 



The title page of the Code of 1851 reads as follows : 

THE 

CODE OF IOWA, 

PASSED AT THE SESSION OF THE 

GENEEAL ASSEMBLY OF 1850-1, 

AND APPROVED 5TH FEBRUARY, 1851. 



PUBLISHED BY VIRTUE OF AN ACT OF THE GENERAL ASSEMBLY, 
Approved 5th February, 1851. 



IOWA CITY: 
PALMER & PAUL, STATE PRINTERS. 
1851. 

The contents are analysed into four main parts based 
upon the contents of the laws contained therein, the ar- 
rangement according to the alphabetical order of the head- 
ings being abandoned. The four parts are subdivided into 
twenty-five titles, which are also divided into two hundred 
and nine chapters of three thousand three hundred and 
sixty-seven sections. In addition to the Code proper, which 
covers only four hundred sixty-nine pages, there is an ap- 
pendix containing various documents and a very complete 
index to the whole. However, the Code was not considered 
as one of the statutes of that year as it was provided in the 
Code itself that ' ' this statute shall not be reckoned as one 
of the statutes of the present political year, but it may be 
designated as the ' Code 1 adding as may be necessary the 
title, chapter, or section." 121 

PART ONE OF THE CODE 

Part I of the Code of 1851 is devoted to State government, 
the officers, and "The General Assembly and the Stat- 
utes." 122 The duties of the various State officers are 

121 Code of 1851, p. 8. 

122 Code of 1851, p. 2. 



46 IOWA JOURNAL OF HISTORY AND POLITICS 



defined, the various districts outlined, and necessary pre- 
liminary provisions are made. Following the provisions 
relative to State government are regulations for the gov- 
ernment of counties and it is here that we find the greatest 
change. Administration was highly centralized and the of- 
fice of County Judge was established. 123 This feature is 
undoubtedly the most famous of the new provisions in the 
Code of 1851 and caused a great amount of discussion. The 
County Judge was "invested with the usual powers and 
jurisdiction of county commissioners and of a judge of pro- 
bate' \ 124 In addition he was authorized to perform a great 
many duties, among which was the power to issue all war- 
rants for money, "to institute and prosecute civil actions 
brought for the benefit of the county", 125 and to take charge 
of the fiscal concerns of the county. The provisions in the 
Code of 1851 are practically the same as those submitted 
by the Commissioners, only one or two sections being strick- 
en out. Such a departure from the existing forms of county 
government naturally had its friends and enemies and some 
very decided opinions were expressed. The Miners' Ex- 
press was very bitter toward the new Code and the new plan 
of county government. After it became apparent that this 
part of the Code would pass and become law, it declared as 
follows : 

It will take an extraordinary man to make it even tolerable, if an 
improper choice should be made of an incumbent, the office will be 
unendurable. Its mischief will become so manifest, that safety from 
its evils will be sought in other expedients which in their turn must 
also be abandoned, because of the rashness with which they shall 
have been embraced. We fear these evils, and we take this occasion 
to express our earnest convictions of what we believe must be the 
effects of the law. The people can do much to avert, if not totally 

123 Code of 1851, p. 21. 

124 Code of 1851, Sec. 105, p. 21. 
J 2.-, Code of 1851, Sec. 106, p. 22. 



HISTORY OF THE CODES OF IOWA LAW 



47 



prevent these evils, they can also and may contribute to hasten them, 
and make them fall with more crushing weight upon the body 
politic. On their integrity, wisdom, patriotism, but more than all, 
upon their selfishness depends the issue. 126 

A writer to a Burlington newspaper declared that two- 
thirds of the people were denied their right of self govern- 
ment by the new system, that it made every county office a 
Burden on the county treasury, and that the new system 
was based upon a false estimate of population instead of 
work. In speaking of the office of County Judge he con- 
cludes : 

1. It gives to one county officer unheard of authority and power, 
not only over his brother officers, but over the people, and elects 
him for an unprecedented length of time. 

2. It places all the other officers entirely under the control of 
this officer, and renders every body and every thing subservient to 
his beck and nod. 127 

Those who argued in favor of the new County Judge 
method of county government relied chiefly on the argu- 
ments of economy, the doing away with useless offices, and 
the simplifying of the methods of transacting county busi- 
ness. 128 One of the Burlington papers in particular thought 
it a good move to consolidate the Board of Commissioners 
with the office of Judge of Probate. Its correspondent at 
Iowa City wrote : 

The greatest objection to the system here is that it confers a 
multiplicity of powers in the judge of the county court. But if it 

126 Miners' Express (Dubuque), Vol. X, No. 25, Wednesday, February 26, 
1851. 

127 The Burlington Tri-WeeTcly Telegraph, Vol. I, No. 89, Tuesday, December 
31, 1850. For an article describing the workings of the County Judge system in 
Iowa, see Crawford's The County Judge System of Iowa with Special Eeference 
to Its WorTcings in Pottawattamie County in The Iowa Journal of History 
and Politics, Vol. VIII, pp. 478-521. 

128 The Burlington Tri-WeeTcly Telegraph, Vol. I, No. 86, Tuesday, December 
24, 1850. 



48 IOWA JOURNAL OF HISTORY AND POLITICS 



concentrates power in a single hand it in the same proportion fixes 
responsibility. You must elect a good man for your judge. 

You then pay him a respectable salary and expect him to devote 
himself assiduously to the discharge of his duties — you give him 
power sufficient to enable him to perform his duties, and then you 
fix on him responsibility for all improper acts that may be done by 
him. I believe this is the only way to secure a cheap and efficient 
administration of the law, and the legislature will give it a trial. 129 

After the duties and functions of the County Judge have 
been prescribed, those of the remaining county offices are 
outlined; and following these, are the provisions relative to 
townships and their government. 

The chapter on ' ' Elections ? ' is very complete and goes to 
considerable detail in specifying the methods of the choos- 
ing of officers. The chapter headed "Of the General Elec- 
tion" in the report of the Commissioners contained four 
sections providing for the posting of notices before each 
election which were stricken out and are not to be found in 
the Code of 1851. Another section in the chapter on ' 1 Elec- 
tions' ' which was also eliminated reads as follows: "No 
election shall be held void because any of the notices herein 
required have not been given as directed, if the election 
takes place at the time appointed therefor by law, whether 
it be the regular election of the officers or an election to fill 
a vacancy." 130 Again we find two sections in the report of 
the Commissioners giving detailed instructions relative to 
The Comity Canvass missing in the code as adopted. 131 

Title V of Part I of the Code of 1851 is devoted to "Cer- 
tain Property of the State" and treats solely of the State 
Library. In the original report this title covered several 

129 The Burlington Tri-WeeMy Telegraph, Vol. I, No. 86, Tuesday, December 
24, 1850. 

180 Report of the Code Commissioners, 1850, p. 28. 

181 These sections in the original report are sections thirty-eight and thirty- 
nine and are to be found in the Report of the Code Commissioners, 1850, p. 34. 



HISTORY OF THE CODES OF IOWA LAW 



49 



pages and included in addition, chapters on "The Lands of 
the State", "The Commissioner of Public Works of the 
State", and "Loaning Certain Funds" of the State, which 
are not to be found in the completed work. 132 In addition 
to the bills reported by the Commissioners on i 1 The Lands 
of the State" and "Loaning Certain Funds", substitute 
bills were printed at the end of the report but these met 
much the same fate as the originals and were not adopted. 133 

The portion of the Code of 1851 which deals with "Eev- 
enue ' ' covers many pages and caused considerable comment 
at the time. It is of interest to know that monies and cred- 
its were included in the schedule of articles to be listed for 
taxation. 134 Another important chapter is the one imme- 
diately following, which is entitled "Of Eoads and High- 
ways." The chapter on the "Militia" is very brief and 
differs in this respect from the Territorial acts, no plan of 
organization or maintenance being prescribed. 135 The title 
"Of Towns and Villages" follows the chapters on the 
"Census" and the "Militia". Being sub-divisions of the 
State, one might expect to find this title under the chapters 
which treated "Of the Civil and Political Divisions of the 
State, and the Officers Thereof. ' ' 

In the Code of 1851 we find a general incorporation law, 
which was broader in its scope than the earlier act of 
1847. 136 One of the very bitter fights came over the adop- 
tion of this law, as some of the legislators wished to make 
the property of individual stockholders liable for all the 

> 132 Report of the Code Commissioners, 1850, pp. 60-67. 

133 Report of the Code Commissioners, 1850, pp. 459-467. 

134 Code of 1851, Sec. 456, p. 76. 

135 Code of 1851, pp. 101, 102. At this period the militia seemed not to con- 
cern the legislature to any great extent. For the report of the House Com- 
mittee on Military Affairs, which is a very humorous and highly interesting re- 
port, see House Journal, 1850-1851, pp. 335-337. 

ise See Horack's Some Phases of Corporate Regulation in the State of Iowa 
in The Iowa Journal of History and Politics, Vol. II, pp. 485-519. 

VOL. X — 4 



50 IOWA JOURNAL OF HISTORY AND POLITICS 



debts of the corporation. 137 An interesting argument is 
brought to light in the minority report of the committee to 
whom was referred the chapter on ' 'Corporations". In 
part the report reads : 

In our opinion the said code ought to be so amended as to make 
the private property of the stock holders in all incorporations liable 
for the debts contracted by said incorporations. Some of our rea- 
sons we will briefly state, which are as follows, to wit: In the first 
place we believe, to exempt the private property of individual 
stockholders, is a direct violation of the fundamental principles and 
basis upon which the fair fabric of our free institutions is built, 
"of equal rights to all." In all other business transactions among 
men, whether in individual capacity, or in co-partnership trans- 
actions, individual or private property is made responsible for all 
debts contracted in such capacity. Then to exempt the private 
property of individuals in a corporate capacity from the debts con- 
tracted by said individuals in that capacity, is granting privileges 
to them, that are denied to others, and therefore is wrong in prin- 
ciple, and at war with democratic doctrine. 

Secondly, we believe it will work a hardship upon the poor labor- 
ing class of community, who may have performed the labor and 
drudgery for said incorporations with the expectation of receiving 
a just compensation for their labor; but instead of realising their 
expectations they will often be reduced to penury and want by the 
explosions of such soulless bodies, while the rich capitalist will 
laugh them to scorn. 

And in the third place, we believe it to be dangerous to the pros- 
perity of our state, by setting on foot numerous speculative projects 
of internal improvements that are uncalled for and unprofitable to 
community at large, and consequently disastrous to those connected 
with them. 138 

The law, however, was adopted with the provision for 
limited liability and many portions of this chapter are still 
in force in Iowa. 139 

137 The Burlington Tri-Weekly Telegraph, Vol. I, No. 91, Saturday, January 
4, 1851. 

138 House Journal, 1850-1851, pp. 135, 136. 
189 Code of 1851, pp. 108-114. 



HISTORY OF THE CODES OF IOWA LAW 



51 



The chapter on i i Telegraphs 9 9 has been adopted to a con- 
siderable extent in the Code of 1897, with the addition of 
the words * ' and telephones ' ' in order that the act may apply 
to modern conditions. 

Title XII of Part I deals with the police of the State, 
includes provisions concerning the care, support, and relief 
of the poor, the care of illegitimate children, the insane, and 
contains regulations concerning lost goods and estrays, 
fences, trespassing animals, marks of animals, and the sale 
of intoxicating liquors. 140 The title which follows is one of 
the most important in the book and is devoted to * ' Regula- 
tions Pertaining to Trade.' ' An interesting section reads: 

The use of private seals in written contracts (except the seals of 
corporations) is hereby abolished, and the addition of a private seal 
to an instrument of writing hereafter made shall not affect its 
character in any respect. 141 

Under the title "Of Education' ' may be found a pro- 
vision for the establishment at Iowa City of an institution 
to be called "The State University of Iowa", with branches 
in various cities. The Medical Department was established 
at Keokuk and branches were also located at Fairfield and 
Dubuque. 142 Section one of the chapter on the University 
in the original report was not adopted in the Code, a new 
chapter being substituted in its place. The original section 
reads : 

The University established by an act of February 25th 1847 is 
hereby recognized and confirmed as herein provided, but the name 
thereof shall hereafter be the "University of Iowa." 143 

As already noted, the school laws were not prepared by 
the Code Commissioners, but were simply a collection of the 

1*0 Code of 1851, pp. 124-146. 

141 Code of 1851, Sec. 974, p. 153. 

1*2 Code of 1851, pp. 159-164. 

143 Beport of the Code Commissioners, 1850, p. 482. 



52 IOWA JOUENAL OF HISTORY AND POLITICS 



statutes then in force. 144 Governor Ansel Briggs in his 
message of December 3, 1850, had informed the legislature 
that 1 'It is expected that the Commissioners appointed to 
revise the code, will examine the School Law, and either 
present a new one, or prune away the excresences, and sup- 
ply the wants of the one now on the statute book." 145 The 
Code Commissioners deemed it wise to secure the assist- 
ance of the State school authorities on this important sub- 
ject, and a joint resolution, passed on February 5, 1851, pro- 
vided that the Superintendent of Public Instruction should 
direct the compiling and arranging of these acts. 146 They 
are not fused into one general provision and consequently 
lack the unity that is characteristic of the remainder of the 
Code. The statutes relating to common schools had been 
published in separate form in 1849 and had followed the 
form adopted in The Blue Booh. li7 Many of the school acts 
embodied in the Code were re-arranged from the statutes 
contained in The Blue Boole and were not fully re-written 
as was the remainder of the Code. Some of the provisions 
in this section are of considerable historic interest at this 
time, one of the provisions reading that "All real and per- 
sonal property of blacks and mulattos in this state shall be 
exempt from taxation for school purposes." 148 

Another interesting division of Part I is chapter seventy- 
two, which provided for the establishment of three Normal 
schools "for the education of common school teachers and 
others." 149 These institutions were to be located at An- 

144 The school laws had been collected in 1849 and published by the Super- 
intendent of Public Instruction. — See Statutes of the State of Iowa Eelating to 
Common Schools, 1849. 

145 House Journal, 1850-1851, p. 13. 

146 Laws of Iowa, 1850-1851, Joint Eesolution No. 27, p. 251. 

147 See above note 144. 

148 Code of 1851, Sec. 1160, p. 182. 
140 Code of 1851, pp. 184, 185. 



HISTORY OF THE CODES OF IOWA LAW 



53 



drew, Oskaloosa, and Mount Pleasant, and were to receive 
five hundred dollars annually from the State. 

PART TWO OP THE CODE 

Part II of the Code of 1851 contains substantive law and 
deals with the rights of persons. Many of the narrow and 
rigid rules of the common law are dropped and in their 
place a number of the liberal laws in force to-day are sub- 
stituted. Section 1200 provides that 4 'the term ' heirs' or 
other technical words of inheritance are not necessary to 
create and convey an estate in fee simple''; 150 while in 
section 1207 there is a provision that "a married woman 
may convey her interest in real estate in the same manner 
as other persons." 151 

The famous homestead law is also to be found in part 
second, as well as the chapters on "Landlord and Tenant" 
and "The Estates of Decedents". 152 The title on "Do- 
mestic Eelations " is a very important one, and varies con- 
siderably from the original report of the Commissioners. 
As adopted the law gives the married woman broader rights 
in regard to her property than under the old common law. 

Marriage is defined as "a civil contract requiring the 
consent of parties capable of entering into other con- 
tracts", 153 which is still the law, as announced in the Code 
of 1897. The divorce laws, on the other hand, were much 
more lax than those of to-day. One of the causes for which 
a divorce might be granted was as follows : 

When it shall be made fully apparent that the parties cannot 
live in peace and happiness together and that their welfare requires 
a separation. 154 

iso Code of 1851, p. 191. 

151 Code of 1851, p. 191. 

152 Code of 1851, pp. 197-218. 

153 Code of 1851, Sec. 1463, p. 221, and Code of 1897, Sec. 3139. 
is* Code of 1851, Sec. 1482, p. 223. 



54 IOWA JOURNAL OF HISTORY AND POLITICS 



Two sections of the original report, however, which were 
not incorporated into the Code proper, read : 

6. When the parties voluntarily appear in court and agree to a 
divorce having made a suitable disposition of their minor children 
and their property if they have any, the court shall decree accord- 
ingly but the petition must be filed ninety days previous to the term 
at which the decree of divorce is rendered. 

7. If it appear that both parties are equally in fault no divorce 
can be decreed except by mutual consent. 155 

In commenting npon this weak divorce law the editor of 
the Miners' Express declared : 

Our veins freeze at the cold blooded philosophy manifested in the 
provisions of the new Code in this matter. If marriage be nothing 
more than a " civil contract," the least we can do, is to give each 
party a fair hearing in the matter ; not assume to cancel a contract, 
even of so little importance as marriage seems to be in the eyes of 
the Commissioners on an ex parte hearing. Do not men become 
bound to the State, when they enter into this " civil contract" for 
the support and education of their children? Is the State doing 
justice to these worse than orphan children, when they so easily 
absolve the parents from the obligations which they are supposed 
to assume, when they enter into this "civil contract"? Do the 
Commissioners suppose that society is so pure, that were polygamy 
permitted by the law, none would practice it? If not, can they 
suppose that none will avail themselves of the unbridled license 
permitted by this "civil contract" of the new code? 156 

It is worthy of note that the objectionable feature quoted 
above was repealed by an act of the legislature in 1855. 157 

PART THREE OF THE CODE 

The third part of the Code of 1851 consists principally of 
adjective law and is entitled 4 4 Of Courts and the Procedure 
Therein." This division forms the ' ' Code of Civil Pro- 

Report of the Code Commissioners, 1850, p. 199. 
i-> r > Miners' Express (Dubuque), Vol. X, No. 24, Wednesday, February 19, 
1851. 

157 Laws of Iowa, 1855, pp. 112, 113. 



HISTORY OF THE CODES OF IOWA LAW 



55 



cedure" and in it may be discovered many departures from 
the common law forms. "The forms of Procedure'', one 
writer declares, "had been brought from the older Eastern 
States and were a mixture of Southern and Northern court 
practices, altogether a system that was cumbersome and 
expensive. Moved, doubtless, both by the latter considera- 
tions and by the agitation for codification, led, at that time, 
by David Dudley Field of New York, Iowa was almost the 
pioneer in codification." 158 

The great reform made in procedure was in bringing sim- 
plicity to the pleadings ; and as a result they are very simi- 
lar to the pleadings to-day, requiring a petition ; a demurrer, 
motion, or answer; and the subsequent pleadings that are 
now in use. District courts were given original jurisdiction 
both in equity and law, 159 and this provision along with the 
change in forms seems to have caused confusion in the 
minds of the jurists of the day, for in commenting upon the 
act concerning civil procedure in 1859, the Committee to 
Revise the Code makes the following observations : 

We have said this system was introduced into Iowa in 1851. It 
forms the main features of the "Part Third," of our Code of that 
year. There were some misfortunes attendant upon its introduction 
here. 1st. There was no attendant report to tell us of its origin — 
to point out its aims, or to guide to sources of illustration. It hence 
followed that many, of both the bar and bench, not acquainted with 
the latest legal thought, deemed the Code a startling innovation, 
and without example as a departure from precedent. 2d. That 
while borrowed almost entirely from New York, except some parts 
which we think clearly improvements, even on the New York sys- 
tem, yet the terms of the parent act were so far departed from as 
to make it difficult even to those well versed in both acts, and almost 
impossible for others to apply the judicial illustration which the 
New York act has secured, to the illumination of our own. Besides, 

iss Annals of Iowa, 3rd Series, Vol. VII, p. 625. 
159 Code of 1851, Sec. 1576, p. 234. 



56 IOWA JOURNAL OF HISTORY AND POLITICS 



this act had not then attained its present extended popularity, 
nor won its way to the general acceptance of so many States and 
Territories. 

Then, too, in the older cities of the State, among the old men, the 
oldest and best lawyers, who were worked gray in the profession, 
there was a strong cleaving to the friendly old forms in the use of 
which they did, or were supposed to excel. It was hard for such 
men to forego a superiority, well and laboriously earned, and to be 
compelled to begin again by the side of the youth just emerging 
into the legal arena, with whose sweat, and blood, and scars, these 
veterants were so gallantly mantled. For these men had not 
learned then, what they have since — that the new system was the 
old system shorn only of its nonsense, and that no lesson learned in 
the logic or philosophy of the old, but applied as well to the new. 

Then, too, were the mechanical men, who never went below the 
surface to find the reason of a thing, who lived and breathed, in 
lifeless forms. There was also the fearfully conservative man, who 
thought that his long buried ancestors knew much better, not know- 
ing his surroundings, what was best for him amid such surround- 
ings, than he possibly could — and among them all, and rather for 
the reasons we have given, it turned out that the Code was not 
welcomed as warmly as it had the right to be. 

Thus it was that ill-digested — hasty — unelaborated, obiter 
dicta, made with a poverty of inquiry deeply to be deplored amid 
the majesty of such an occasion, were announced, bearing upon its 
applicability to chancery, and as to what was in the total absence 
of all clear thinking, called its blending of law and equity. In 
Claussen vs. Lafranze, 4 Green, 224, it was said that chancery was 
not included in the reform of the Code, and that we must go to 
England and English books and others, to learn what our law of 
pleading on that subject was. 160 

One writer even declared that "the Code of 1851 is 6 justly 
famous' and further "its chief title to fame lies in the 
fact that it marked the abandonment of the common law." 161 
In commenting upon this statement the writer of an edi- 
torial in the Annals of Iowa remarks : 

160 Beport of the Code Commissioners, 1859, pp. 190, 191. 

161 Annals of Iowa, 3rd Series, Vol. VII, p. 626. 



HISTORY OF THE CODES OF IOWA LAW 



57 



We doubt if this assertion is warranted. The Commission com- 
piled, restated and enacted in fine form the administrative law of 
the State and local governments, and it codified the forms and meth- 
ods of procedure in civil and criminal actions. But their Code did 
not mark the abandonment of the common law in Iowa. What it 
did mark was the discontinuance of the common law procedure in 
civil actions. The common law prevails in Iowa today in so far as 
its rules or principles are not inconsistent with or have not been 
superseded by statutory provisions. 162 

It is easy, however, to note the departure from common 
law rules. Section 1733 declares that "all technical forms 
of actions and of pleadings are hereby abolished. ' ' By the 
Code of 1851 a woman is permitted to sue for her own se- 
duction, a privilege which was not allowed under common 
law practice. 103 Again, section 2502 rules that ' 'unless from 
the necessity of the case, no cause of action ex delicto dies 
with either or both the parties, but the prosecution thereof 
may be commenced or continued by or against their respec- 
tive representatives. 1 7 

In Section 1614 the duties of an attorney are laid down — 
a code of ethics, which is still the law and has been adopt- 
ed practically verbatim in the Code of 1897. 1Q4 

One of the interesting sections of the chapter on " Evi- 
dence' ' states that "an indian, a negro, a mulatto or black 
person shall not be allowed to give testimony in any cause 
wherein a white person is a party." 165 The Statute of 
Frauds is to be found in section 2410 and certain exceptions 
thereto are enumerated in the section following. 

One of the sections in the chapter on i ' Evidence ' ' report- 
ed by the Commissioners, but which was omitted in the Code 
of 1851 provided that ' ' on the trial of any criminal prosecu- 

162 Annals of Iowa, 3rd Series, Vol. VII, p. 626. 

163 Code of 1851, Sec. 1696, p. 249. 

164 Code of 1851, See. 1614, p. 239. 

165 Code of 1851, Sec. 2388, p. 322. 



58 IOWA JOURNAL OF HISTORY AND POLITICS 



tion the prosecuting attorney may require any witness to 
disclose facts which would tend to subject him to punish- 
ment for offences technically termed mata prohibita but in 
such cases the fact shall in case the witness desires it be 
entered of record and shall be a final bar to any prosecution 
against the witness for the offence disclosed in whole or in 
part by him on such examination." 166 

The last two chapters of this portion of the Code are de- 
voted to forms and to a list of the fees which might be col- 
lected by the various officers. The listing of these fees re- 
quires forty-two sections. 167 

In the original report we find an " Appendix' ' at the end 
of Part Three which has already been described. After 
causing much confusion in the legislature it was omitted in 
the Code of 1851. 

PART FOUR OP THE CODE 

The last main division of this Code contains the law re- 
lating to " Crimes and Punishments and Proceedings in 
Criminal Cases", and is popularly called "The Criminal 
Code". 

For the first time in a compilation of Iowa law treason is 
defined and the punishment prescribed. 168 The following 
section on duelling still remains and is to be found with the 
omission of one phrase in the Code of 1897: 

Whoever fights a duel with deadly weapons and inflicts a mortal 
wound on his antagonist, whereof death ensues, is guilty of murder 
of the first degree and shall be punished accordingly. 169 

Chapter two hundred eight concerns "Vagrants", and 
those who were to be considered as such are enumerated. 

166 Report of the Code Commissioners, 1850, p. 303. 

167 Code of 1851, pp. 338-348. 

168 Treason had been previously defined in Sec. 16 of the Constitution of 
1846.— See Laws of Iowa, 1846-1847, p. 3. 

i6o Code of 1851, Sec. 2572, p. 350. 



HISTORY OF THE CODES OF IOWA LAW 



59 



The Code of 1851, being a single act of the legislature, is 
signed by George Temple, Speaker of the House of Repre- 
sentatives, and Enos Lowe, President of the Senate ; and is 
approved by Stephen Hempstead, at this time Governor, 
but who had also served as one of the Code Commission- 
ers. 170 

Between the Code proper and the Appendix are the acts 
relative to the creation of the Commission to prepare the 
Code, and to printing the same. In the latter law William 
G. Woodward was authorized ' ' to superintend the order of 
publication of the code, to prepare brief marginal notes and 
a full and complete index, to arrange and properly number 
in a convenient and suitable manner the several divisions 
and sub-divisions from the beginning throughout, to ex- 
amine and correct the proof sheets, and cause all clerical, 
typographical, and grammatical errors, and errors of 
punctuation to be corrected." 171 For this service he was to 
receive the sum of four hundred dollars. In the Appendix 
are thirteen important documents and papers. The index 
is very complete and lists the laws both by page and section. 

NEWSPAPER COMMENT 

With the close of the session of the legislature newspaper 
discussion concerning the Code gradually diminished. 
Some of the later comments, however, indicate clearly the 
attitude of the various editors. In summing up the work of 
the session the editor of the Muscatine Journal remarked: 

The session has been an important one in many respects. There 
were many things to be done which required much consideration. 
Whether they received it or not, time will develope. The adoption 
of an entirely new code of laws, by which the modes of procedure 
in our courts will be materially altered — the creation of new of- 
fices and the abolition of old ones — the concentration of powers 

170 Code of 1851, p. 469. 
3 7i Code of 1851, p. 471. 



60 IOWA JOURNAL OF HISTORY AND POLITICS 



and duties, which have heretofore been exercised and performed by 
many, in one individual — are a few among the numerous changes 
which have been made by the General Assembly. We understand 
the lionhearted Democracy was in a great ' ' stew ' ' about the time of 
adjournment. One of the prominent members was seen one morn- 
ing, before breakfast, walking backward and forward between the 
capitol and his boarding house, in great agitation. Some one, 
anxious to ascertain what was the cause of his disturbance, ap- 
proached him quietly and endeavored to draw from him the great 
and weighty matters which were preying upon his mind. 

"Why, sir", said he, "if we adopt the Code it will ruin the 
party, and if we reject it the party is ruined — and we are ruined 
anyhow. ' ' 

He was in what would be termed in common parlance a "tight 
place." There was Ruin before him, whichever way he turned. 
His patriotism, however, went no further than "the party" — his 
pious soul was not troubled by the effect the adoption or rejection 
of the code would have upon the country. It made no difference to 
him, we suppose, what became of the country, so "the party" pros- 
pered. He was compelled in the end to take one horn or the other 
of the dilemma in which he found himself placed. The Democracy 
have been under great concern of mind for some time past, and we 
opine there is an unwritten history connected with some of the 
transactions at Iowa City this winter, which would afford much 
instruction to the rising generation. We hope some one has ' 1 taken 
notes," from which that history may be written out. 172 

The Iowa Star, published at Fort Des Moines, was ap- 
parently favorable to the Code. On August 21, 1851, the 
following article appeared in its columns : 

The code, if it is a code, (which is doubted in some quarters) will 
continue to be a code notwithstanding all that is said against it. 
And further, if it is a code, that is, in force, it will probably have 
out-lived most of the prejudice gotten up against it before the next 
session of the General Assembly. Many persons condemn, because 
many of its provisions are new, and they don't understand them. 

172 Muscatine Journal, Vol. II, No. 37, Saturday, February 8, 1851. Other 
articles concerning the Code of 1851 can be found in the Muscatine Journal, 
Vol. II, Nos. 31, 32, and 33, Saturday, December 28, 1850, and January 4 and 
1 L, 1851. 



HISTORY OF THE CODES OF IOWA LAW 



61 



A more thorough acquaintance will no doubt make a more favorable 
impression. The code has many good qualities to recommend it, 
though it undoubtedly has some imperfections. These as fast as 
discovered by experience should be remedied, and thus the code 
may be made acceptable to the people as a whole, and also in detail. 
Let experience then note all the discovered imperfections, that they 
may be reported to the next General Assembly and submitted to 
the remedial action of that body. We believe it to be the part of 
wisdom to seek to improve and perfect, but not to destroy the code. 
There are some men so prone to fault-finding that if they could 
discover a small speck upon the sun as large as a gnat's eye, would 
no doubt condemn that great luminary, and be in favor of having 
it kicked out of the planetary system — their eyes will dwell upon 
the speck, while the great beauties and perfections which surround 
it, hardly attract their passing glance. If we are to have no code 
until such men are suited, we are at the end of the law. 173 

Another article in the columns of the same paper de- 
clares that some papers were advocating a session of the 
legislature to revise or repeal the Code. The writer of the 
article urged that the Code be given a fair trial of two years, 
by which time the people would be familiar with its pro- 
visions and could intelligently amend them. 174 

Several months after the appearance of the Code the fol- 
lowing humorous article appeared in the Iowa Star: 

The code seems to ' ' bear acquaintance very well, ' ' its popularity 
is evidently on the increase in this part of the State as the people 
the better understand its provisions. But still we occasionally hear 
of some fault-finder who gives it particular ' ' goss ' ' generally, with- 
out knowing exactly to what part he objected, or whether it was to 
the code or something bound up with it. In one of the neighboring 

173 Iowa Star (Fort Des Moines), Vol. II, No. 40, Thursday, August 21, 
1851. Comments on the Code by this paper are also to be found in the follow- 
ing issues: Vol. II, No. 4, Thursday, November 28, 1850; Vol. II, No. 8, De- 
cember 26, 1850; Vol. II, No. 9, January 2, 1851; Vol. II, No. 13, January 30, 
1851; Vol. II, No. 15, February 13, 1851; Vol. II, No. 43, September 11, 1851; 
Vol. II, No. 47, October 9, 1851. 

i74j owa star (Fort Des Moines), Vol. II, No. 43, Thursday, September 11, 
1851. 



62 IOWA JOURNAL OF HISTORY AND POLITICS 



towns a few days since a man stepped into the clerk's office, picked 
up the code, read a sentence or two in it, and then commenced 
abusing it most lustily — he was requested to point out the objec- 
tionable part, when with much gusto he read a sentence or two, 
wiiieh turned out to be a part of the Constitution of the United 
States. 175 

One newspaper, however, which could see very little of 
good in the Code, printed an article by a correspondent who 
signed himself " Plow-Share", which reflects the unfriendly 
attitude of those opposed to the Code. He says : 

Mr. Editor: — As one of the "body politic", I choose to exercise 
an inherent right in discussing the merits and demerits of the Laws 
under which we live, or of those under which it is proposed we shall 
live in future. Our old Code, it is well known, was made up of the 
"tail ends" of everything which has been enacted as statute law 
since the first organization of the North-Western Territory. When 
the provisions of this Code has failed, our court have resorted to 
what is sometimes denominated Judge Law — i. e. the court, ac- 
cording to its capacity, either makes a new decision, or draws from 
the musty stores of American or English common law — usually 
rejecting common sense in its veneration of "precedent." The 
people have ever been restive under this system; but have always 
been outwitted in their endeavors to reform it by those whose inter- 
est it is to perpetuate it. — To remedy it in some measure, the evil 
growing out of this state of things, with the avowed purpose of 
making plainer and more comprehensible our every-day laws — 
such, for instance, as Co. Organization; Road System; Taxes; 
Schools, &c, as well as to set bounds to the unlimited power of the 
courts by salutary statutory provisions, a Commission was appointed 
by the Legislature in 1847, to form a Code. After 3 or 4 years' 
time, (though I don't believe they spent as many months' labor 
upon it,) we have been presented by this trio of Lawyers, (and our 
Legislature was expected by them to adopt it without discussion) 
a Code of Laws, which, so far as I have been able to examine it, 
enhances, rather than diminishes, the evils above alluded to. Con- 
centration of power in individual officers was one of the evils of 
our old system, and which under the cry of economy, has obtained 

'7 > Iowa Star (Fort Des Moines), Vol. II, No. 47, Thursday, October 9, 1851. 



HISTORY OF THE CODES OF IOWA LAW 



63 



to such a degree in our county organization, that chaos better than 
any other term, represents the state of county affairs in most coun- 
ties — especially of Dubuque. 

How would common sense remedy the evils of such a system? 
Why, by properly dividing the duties of county officers to different 
individuals — fixing their compensation, and defining their duties. 
What does the new Code do? It gives about all the powers requi- 
site for county organization to one man — such as County Commis- 
sioner, Judge of Probate, Auditor of accounts, Bridge Builder, 
Overseer of the Poor, Assessor, &c. Here is Democracy with a 
vengeance. Not a word is said to define his powers as County Com- 
missioner; old laws repealed, he must look for precedent in this 
capacity to the practice of other States, so that in this regard we 
are to live entirely under the laws of others, or such Judge Law, as 
the new County Judge may see fit to dole out to us. He is to act 
as Judge of Probate, and the Code leaves him and us almost en- 
tirely at the mercy of the relict of the feudal ages, "Common Law" 
again. Our Road System was bad under the old laws. Our new 
Code says nothing about any other than county and State roads, 
and provides no method of laying out town and private roads, 
often of more importance than the others. It is a common-sense 
principle, that if a man is taxed for the support of any public con- 
venience, he should not be denied a participation in the benefits of 
it. Now, every [one] who has lived in a thriving agricultural 
country knows that short roads, (call them by what name you will,) 
connecting with the main thoroughfares, are needed, and are indis- 
pensable ; — for these roads the New Code does not provide, unless 
all roads of what ever kind are to be considered county roads : To 
do so Judge Law must be called in, for the new Code is silent. An 
Officer, (salary not named) is provided to keep these roads in repair, 
and with authority to purchase (if I mistake not) teams and tools 
at the expense of the county: he must work the roads by calling 
out the people ; if they don 't come, get the money, if he can. All I 
have to say of this system, is, that its expense and impracticability, 
out of the large towns, is apparent at first sight. 

Our Judicial System and Court practice needed thorough re- 
organization, so that the people could obtain justice through that 
medium, if they chose, without the certainty of spending more than 
justice was worth: I have not seen that part of the new Code re- 



64 IOWA JOURNAL OF HISTORY AND POLITICS 



ferring to this subject, but understand that it proposes to abolish 
all laws for the collection of debts, for the reason that it costs more 
to collect debts under the present system than they use [are] worth. 
A wise reason, truly — if it did originate with the Commissioners. 
Are not people in a free government entitled to something better 
than this ? Are the people of Iowa prepared to take this long step 
toward agrarianism? Our marriage laws, or rather, laws of Di- 
vorce, were rascally enough; and under them villiany was daily 
growing. But the new Code goes beyond anything heretofore in- 
vented in this line. 176 

PROPOSAL OP AMENDMENTS 

After two years of trial the new Code was thus brought 
to the attention of the legislature in the message of Gov- 
ernor Hempstead : 

Among the many important questions which will come before you 
for deliberation, will be the amendment of the laws now in force in 
this State, and to which I would especially call your attention. . . 

Like everything else of human origin, it has omissions and im- 
perfections, and it is your province to make such amendments as 
are necessary, and which in your judgment will advance the public 
good. I need not remind you that in making such amendments, 
much care and deliberation should be used in order to prevent con- 
flicts and uncertainties ; or that much mischief has arisen from the 
instability and inconsistency of legislation 

For the purpose of directing your attention to such parts of the 
code of laws as may be defective in any particular, it is made the 
duty of each of the Judges of the Supreme and District Courts to 
report to the General Assembly, at each regular session thereof, all 
omissions, discrepancies or other evident imperfections of the law, 
which have fallen under his observation, and I would recommend 
such reports to your careful consideration. 177 

Governor Hempstead then proceeded to urge the adop- 
tion of legislation to control the liquor traffic. Hon. A. A. 
Bradford, a judge in the sixth judicial district also reported 

i7« Miners' Express (Dubuque), Vol. X, No. 24, Wednesday, February 19, 
1851. 

377 ZTow.se Journal, 1852-1853, pp. 15, 16. 



HISTORY OF THE CODES OF IOWA LAW 



65 



to the legislature on "omissions in the code of Iowa". 178 
In the session of 1852-1853 many amendments to the Code 
of 1851 were offered, 179 and accordingly, on December 13, 
1852, a resolution was introduced in the Senate providing 
for a committee of six members, to be appointed from both 
houses, to whom should be referred "all appropriate mat- 
ters connected with the amendment of the code". 180 The 
object of one of these amendments was to create two asso- 
ciate judges to assist the County Judge in the government 
of counties. 181 This proposition was received unfavorably 
in a report made by the Judiciary Committee of the Senate, 
as were various other amendments calling for a change in 
county government. 182 

The Ways and Means Committee of the Senate were in- 
structed by resolution on January 3, 1853, "to inquire into 
the expediency and propriety of reducing the price of the 
code of laws of Iowa, from two dollars and fifty cents to one 
dollar". 183 No law, however, seems to have been passed 
reducing the price, though an act was passed, distributing 
the Code to a large number of county and township of- 
ficers. 184 

In the session of 1854, two years later, a resolution was 
introduced in the House creating a special committee to 
whom were to be "referred all Bills amendatory of the 
Code." 185 This resolution failed of passage, but later in 
the session another resolution was successful and a com- 

178 Senate Journal, 1852-1853, p. 82. 

179 As an example see the session of Saturday morning, December 18, 1852, 
in the Senate Journal, 1852-1853, p. 67. 

iso Senate Journal, 1852-1853, p. 46. 

181 For report on this resolution see the Senate Journal, 1852-1853, pp. 61, 62. 

182 Senate Journal, 1852-1853, p. 62. 

183 Senate Journal, 1852-1853, p. 120. 
is* Laws of Iowa, 1852-1853, p. 131. 
iss Rouse Journal, 1854-1855, p. 86. 

VOL. X — 5 



66 IOWA JOURNAL OF HISTORY AND POLITICS 

mittee of five, consisting of Samuel Boyles, Joshua Tracy, 
Jairus E. Neal, Micajah Williams, and Ben. M. Samuels 
was appointed. 186 Afterward the Speaker of the House was 
added to the committee. 187 

ADOPTION OF THE CODE IN NEBRASKA 

Certain parts of the Code of 1851 were destined to become 
the law of a much larger area than was at first supposed. 
In the early fifties large numbers of Iowa men became inter- 
ested in Nebraska and when the Territory was formed Iowa 
men played a leading role in the government so instituted. 188 
By an act approved March 16, 1855, the Territorial legisla- 
ture of Nebraska adopted the greater portion of the third 
part of the Iowa Code, taking forty-seven of its chapters 
and declaring that they were ' ' adopted and declared to be 
in force as law in the Territory of Nebraska, so far as the 
same are applicable, and not inconsistent, with any laws 
passed at the present session, or with the Organic Law of 
said Territory". 189 

Likewise, Iowa's criminal code was adopted in its entire- 
ty and became part three of the Laws of Nebraska for 
1855. 190 These laws remained in force in the Territory of 

186 House Journal, 1854-1855, p. 180. 
is? House Journal, 1854-1855, p. 193. 

188 See Deemer's The Part of Iowa Men in the Organisation of Nebraska in 
the Annals of Iowa, 3rd Series, Vol. IX, No. 3, pp. 161-185. 

189 Laws of the Territory of Nebraska, 1855, pp. 55, 56. 

loo Laws of the Territory of Nebraska, 1855, p. 212. The act reads as fol- 
lows: 

' ' Section 1. Be it enacted by the Council and House of Eepresentatives of the 
Territory of Nebraska, That the Fourth Part of the Code of Iowa, beginning 
on page three hundred and forty-nine, as published in the authorized edition of 
said Code, so far as applicable, and not inconsistent with the laws of this 
Territory, be and the same is hereby declared to be in full force and effect in 
this Territory. 

"Section 2. That it shall be the duty of the persons who superintend the 
publication and indexing of the laws of this Territory, passed at this session 



HISTORY OF THE CODES OF IOWA LAW 



67 



Nebraska until 1857, when they were repealed by an act 
which was passed over the Governor's veto. 191 Mr. Justice 
Deemer in his article on The Part of Iowa Men in the Organ- 
ization of Nebraska suggests that this repeal may have been 
voted for the purpose of freeing a man who would have 
been forced to serve a prison sentence had the laws re- 
mained in force. 192 

MOVEMENT TOWARD REVISION 

Because of being so widely used the original edition of 
the Code of 1851 was soon exhausted, and in his last mes- 
sage to the legislature Governor Grimes declared, "I would 
call your attention to the fact that the edition of the ' Code 
of Iowa ' is exhausted, and that there are no copies of some 
of the session laws." 193 On the following day Governor 
Lowe stated that ' ' the unexampled increase of our popula- 
tion' ' had exhausted the supply and he urged that "this 
evil should be remedied at as early a period as practi- 
cable." 194 

to number the sections in the said Criminal Code, consecutively through the 
same, beginning at number one, and change whenever it occurs in the said 
code, the State of Iowa, to the Territory of Nebraska. 

il Section 3. This act to take effect and be in force from and after its 
passage. 

Approved March 15, 1855." 
See also the Laws of the Territory of Nebraska, 1855, p. 225. 

191 The act repealing the Code of 1851 as adopted in Nebraska reads as 
follows : 

' ' Section 1. Be it enacted by the Council and House of Representatives of the 
Territory of Nebraska, That an act entitled 'An act adopting certain parts 
of the Code of Iowa,' approved March 16, 1855, and also an act entitled 'An 
act relative to criminal laws, approved March 15, 1855/ be and the same are 
hereby repealed." — Laws of the Territory of Nebraska, 1857, p. 137. 

192 Annals of Iowa, 3rd Series, Vol. IX, No. 3, pp. 177, 178. 

193 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 61. 

194 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, pp. 123, 124. 



68 IOWA JOURNAL OF HISTORY AND POLITICS 



With the adoption of the Constitution in 1857 it became 
necessary to make modifications in various laws ; and a re- 
vision became very desirable, if not a necessity. Governor 
Grimes declared that ' 1 all the general laws of the State re- 
quire some modifications to adapt them to the provisions of 
the New Constitution. Several new acts of a general char- 
acter will also be necessary." 195 Governor Lowe urged the , 
adoption of a new procedural act and the publication of a 
new edition of the Code, which, as he declared, i ' might per- 
haps be left to individual enterprise, as it is known there 
are persons now preparing and taking the initiatory steps 
for such a publication." 196 

The condition of the statutory law of Iowa had now 
reached the point where it was deemed advisable in 1858 to 
appoint a new commission, which eventually reported the 
Revision of 1860, thereby displacing the Code of 1851 as 
the law of the land. 197 

Leading jurists and writers declare that this first Code 
of the State of Iowa is, in many respects, a model. It is 
concise and clear ; and as Mr. Justice McClain states, it ' ' set 
a precedent for the embodiment of statutory enactments in 
plain, direct and intelligible English". 198 

Many tributes have been paid to the Code of 1851. Mr. 
Justice Deemer declared it "was one of the best arranged, 
most systematic and thoroughly considered body of laws 
ever enacted by any state. — It was one of the early models, 
— and has hardly been excelled. " 199 In like manner has Mr. 

195 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 41. 

i»o Shambaugh's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 124. 

107 Revision of 1860, Preface, p. iii. 

1M Annals of Iowa, 3rd Series, Vol. IV, p. 609. 

loo Annals of Iowa, 3rd Series, Vol. IX, pp. 175, 176. 



HISTORY OF THE CODES OF IOWA LAW 



69 



Justice McClain praised the work. 200 The Code Commis- 
sioners of 1858, who prepared the Revision of 1860 declared 
in their report that the method of arrangement in the Code 
of 1851 i i is so good, and so well understood, that a change 
would neither be sustained by reason, nor by the approval of 
the people. " 201 But by far the greatest tribute which could 
be paid to it is the fact that every code since prepared in the 
State of Iowa has followed the arrangement set forth in this 
book and in Iowa's last code are scores of statutes taken 
directly from the pages of this earlier work. 

Clifford Powell 

The State Historical Society of Iowa 
Iowa City Iowa 

200 McClain 's Charles Mason — Iowa's First Jurist in the Annals of Iowa, 
3rd Series, Vol. IV, pp. 606-609. 

201 Revision of 1860, Preface, p. v. 



f 



NOTES ON THE FOX INDIANS 

BY WILLIAM JONES 

[The notes which follow are reprinted, with permission, from the April- June, 
1911, number of The Journal of American Folk-Lore. The Foxes occupy per- 
haps a more prominent place in Iowa history than any other tribe of Indians. 
For many years these Indians together with the Sauks, with whom they were 
confederated, lived on the eastern border of what is now the State of Iowa. 
In 1832 these two tribes ceded to the United States government the famous 
Black Hawk Purchase, which first opened up eastern Iowa to settlement. 
Furthermore, the only Indians living at present within the bounds of Iowa are 
members of the Fox tribe, now known as the Meskwakis, who have for many 
years made their dwelling in Tama County. 1 — Editor.] 

[Note. — The following notes were found among the 
manuscripts left by Dr. William Jones, who was murdered 
in the course of his explorations in the Philippine Islands. 
They are given here, without any modification, as they were 
written down by the author. The notes evidently form part 
of his extended observations on the Fox Indians. — Fkanz 
Boas.] 

wisa'ka 

Wisa'lca and Creation of the Earth. — Wisa'ka now lives 
far off in a place where it is always winter. It is so far 
away that nobody can go there. Once on a time long ago he 
lived here on earth, he and his younger brother. At that 
time the manitous became angered against the brothers, and 
met in council to devise means how they should best do to 
kill them. They succeeded in killing the younger brother, 
but with Wisa'ka they could not accomplish their purpose. 
First they tried fire, and then they used water. They 

1 For information concerning the Meskwakis see Ward 's Mcslcwalda in The 
Iowa Journal of History and Politics, Vol. IV, pp. 179-189; and Ward's 
The MesTcwalci People of Today in The Iowa Journal of History and Poli- 
tics, Vol. fV, pp. 190-219. 

70 



/ 



NOTES ON THE FOX INDIANS 71 

searched for him everywhere ; they made a great roar and 
a din as they moved in their search. 

The water drove him to flight upon a high mountain. He 
had to climb a tall pine on top of the mountain. From 
thence he took to a canoe which slid off the top of the pine, 
and about over the water he went a-paddling. A turtle- 
dove fetched him some twigs, and a muskrat brought him 
up some mud. With the mud he made a small ball, and into 
the ball he stuck the twigs. He flung them together into the 
water. The ball grew so fast that the water straightway 
subsided. The earth we now live upon was from the little 
mud ball which Wisa' ka flung into the water. 

Six Men visit Wisa' ha. — Once on a time six men set out 
to visit Wisa'ka in his lodge at the north. The journey was 
far, and full of toil. On the way they had to pass over the 
place where the sun goes down. It was an abyss, and not 
easy to pass. They watched the mouth close and open ; back 
it closed and opened again. Five men stepped safely across 
when it closed ; but one lost his footing, and fell in. 

The men had no means of rescuing their comrade, and so 
had to go on without him. They came to a sea ; and while 
they looked out on the water, they beheld a narrow sheet of 
land floating towards them ; it approached with the side to- 
wards the shore. When the shores touched together, over 
they hopped, and out to sea they floated. They were carried 
to the shore of another land. 

They stepped across on the strange shore. There was 
land all the way from this place to the lodge of Wisa'ka. 
They saw the lodge from afar, and it was beautiful to look 
upon. They drew nigh and beheld two doors in the lodge ; 
one opened at the south, the other at the north. 

Within sat Wisa'ka, he and his grandmother, Mother-of- 
all-the-Earth. Both were seated on a mat on the ground; 
they sat beside each other, and before a fire. 



72 IOWA JOURNAL OF HISTORY AND POLITICS 



" Behold, and here have come my uncles !" said Wisa'ka. 
"Be seated." Then he said to his grandmother, "My 
grandmother, fix food for them to eat." And Mother-of- 
all-the-Earth rose and began to prepare food. She laid a 
mat in front of her grandchildren; on the mat she set 
wooden bowls, and in the bowls was a mixture of buffalo- 
meat and hominy. The buff alo-meat had been cured over a 
fire and in the sun, and then pounded in a mortar; the 
hominy had been ground into meal. Both were put together 
in one dish, and her grandchildren had never before eaten 
any food so delicious. When they had eaten, they sat back, 
and smoked the tobacco which Wisa'ka had given them to 
smoke. Long they smoked, and in silence. 

By and by Wisa'ka asked, "What do you wish, and why 
have you come? Surely you must have come for some- 
thing." 

One spoke, and said, "I seek to know the ways of women, 
for I wish to find myself a suitable wife among the women 
at home. For this reason I have come, and I ask that I may 
take the power with me ; I wish to pass it on to others who 
may long for the same thing. " 

Wisa'ka made reply, and said, "You ask for a great gift. 
But you have been a good man, and you have come from 
afar. For this reason I give what you ask." 

Another spoke, and said, "I come for power to heal the 
sick and to make possible long life." 

Wisa'ka said, "The pine lives a long time, and then dies; 
but the granite lives on forever." And then he trans- 
formed the man into a granite bowlder. 

A third man said, "I come to ask for power to prevail 
over those who play against me at lacrosse, who run against 
me in a foot-race, who take sides against me in all games 
of chance." 

Wisa'ka gave to the man what he asked. 



NOTES ON THE FOX INDIANS 73 

The fourth man said, "I come to ask for the power that 
will enable me to get game with ease. I wish for the power 
that will guide me straight to the place that game of all 
kind frequents/ ' 

And Wisa'ka gave the man his wish. Then Wisa'ka 
loosed the cord from his moccasin and held it over the fire. 
The cord shrank to half of its former length. He held it 
up, and said, "Thus, by half, is the length of your journey 
shortened.' ' 

The men rose and departed, and went by the way they 
came. They arrived at home in half the time that it had 
taken them to go to the lodge of their nephew. Verily, the 
journey was shortened by half, as Wisa'ka had said. 

The men lived and practised every one his own peculiar 
power. But the power of the hunter had evil effects. It 
worked ill with every one who chanced to cross the path 
along which it had been carried. It wrought weakness to 
the body, and shortened life. None dared to live neighbor 
to him who held the power. 

THE ORIGIN OP THE SAUKS AND FOXES 

Origin of the Sauks (Fox Version). — The Foxes are an 
ancient people, more ancient than all others ; and every na- 
tion that ever came on a visit bore testimony to the fact. 
They are even so ancient that none among them ever knew 
when first the Foxes came upon earth. It must have been a 
great while ago when the great manitou placed the first of 
our people here on earth. 

They dwelt a long time by the sea. Old men used to con- 
gregate at the shore, where they could sit and look out over 
the sea. On one of these occasions they beheld an object 
coming from afar, and making straight for the shore where 
they were. They watched, and saw that it was a huge fish. 
For a while its head reared above water; and when it 



74 IOWA JOURNAL OF HISTORY AND POLITICS 



ducked beneath, up came the tail a-switching. Thus it came, 
first the head out of the water, and then the tail. 

When the fish drew nigh, the people saw that its head was 
like the head of a man, and they were astonished. They 
watched it come to the shore, and when it arrived in water 
too shallow for swimming, it rose ; and every part that was 
lifted out of water became the same as a man. The tail was 
the last to change ; it became legs and feet after leaving the 
water behind. 

Behind the strange being came a great school of other 
fishes, and the same thing happened to them. They changed 
from fishes into people. They went up from the water and 
followed their leader. He was bigger and taller than all 
the rest. He was their chief. He led them off to a place 
close by the town, and there they made themselves the same 
kind of a town. Everything they saw they copied. Every- 
thing they saw the Foxes do, they went and did the same. 

The Foxes asked them who they were, why they left the 
sea, what manner of life they had while there. But the new 
folk were unable to tell. All they knew was, that they had 
lived in the sea, that one day they followed their chief in- 
shore, and became transformed into people when they quit 
the water. Nothing more could they tell. 

Thereupon, because they knew nought of themselves while 
in the sea, the Foxes named them Osagiwag, which is "peo- 
ple who come out into the open. ' ' They gave the name as a 
symbol to show that they came from under the water, that 
they came out from one kind of creatures and entered the 
form of another, and that they came out of one manner of 
life and entered into another which they knew nothing of 
before. It was a sign that they came out to become a race 
of people. 

Creation of the Fox. — The Fox was the first of men on 
earth. He came before all others. He was red at the face, 



NOTES ON THE FOX INDIANS 



75 



at the hands, at the legs, all over his body everywhere. He 
was red, like the color of the blood within him. Such was 
the way he was made by Wisa' ka, and such was the way he 
looked when his maker let him step forth on earth among 
the manitous. 

Among the manitous he mingled. He was present at their 
councils, and had the right of speech. The manitous looked 
upon him with wonder, and made comment when he passed 
in and out among them. He was very much of a manitou. 

Afterwards came other Foxes, manitous like the first. 
By and by they grew great in number. As time went on, 
they took on the form, the looks, and the nature, of the peo- 
ple that they now are. 

Things have changed since those times. The people are 
now in distress. They no longer reap the good of the land 
which is theirs ; little by little it is slipping from their hands. 
Bird and animal kind is vanishing, and the world is not as 
it was in the beginning. With all this the manitou is dis- 
pleased. On some day in the future the manitou will take 
it upon himself to destroy this earth. He will then create it 
anew, and place his chosen to dwell there once more. In 
that day the Fox will look as he did in the beginning; he 
will be red all over the body, red as the blood within him. 

MANITOUS 

South Manitou, Star, Sun. — The name of the south wind 
is Cawanaanwi, and Cawan is the name of the great mani- 
tou of the south. He and the South Wind are friends. In 
the lodge of Cawan dwell the Thunderers, that go forth to 
guard the people. 

Cawan and Wisa'ka are friends. A road leads across the 
sky from the lodge of one to the other. A Star journeys 
along the road, and stops midway between the two lodges. 
The stop is at noon, and is taken with a little rest and gossip 



76 IOWA JOURNAL OF HISTORY AND POLITICS 



with the Sun, who happens along at the same time. His 
path leads westward from a lodge at the east. His stop is 
for only a short while. It would never do for him to delay 
long; we should all speedily burn up, — we, and the world 
and all that is in it. 

Cawano; the Thunderers. — There dwell four Thunderers 
in the lodge of Cawano. They are the guardians of the 
people. 

Sky Country. — Above the clouds somewhere, far into the 
distant blue, is a wide country. Manitous without number 
dwell there. A long lodge stands on the shore of a great 
white river, and in the lodge abide many manitous. Among 
them is one great manitou who is chief of the sky-country 
manitous. 

Much doing goes on in the lodge, such as singing, dancing, 
and feasting. The sound of the drum, rattle, and whistle, 
is ever in the air. Frequently the Thunderers leave the 
course of their beat and stop at the lodge. There they are 
feasted with choice food. But their visit is short, and then 
they are gone again. Some people are destined to live in 
that country after this life. Our knowledge of the place and 
the doings there comes from them. 

Thunderers and Other Manitous. — There are four great 
manitous that keep watch over us, — one on the north, one 
on the south, one on the east, and one on the west. They 
dwell aloft in among and beyond the clouds; and we call 
them Neneme'kiwag. They move to and fro, here and there, 
and keep a constant watch over the safety of the people. 
They frequently meet ; then we hear them move with heav- 
ing rumble. In their anger they strike with fire. They hold 
in check the manitous of the wind and storm, and keep them 
from devastating our homes. When one beholds the trees 
ripped off and toppled over, one should know that it is the 
doing of the manitous moving in the wind. Often the wind 



NOTES ON THE FOX INDIANS 



77 



leaps, and leaves an intervening space untouched. Such a 
thing is the doing of a manitou. Such is how the manitous 
spare the homes of the people from danger ; such is how the 
winds often leave them unharmed. A mutual feeling of 
good-will prevails between the manitous and the people. 
Such is why the manitous first look where the people are 
before they strike the earth with fire. 

Above the manitous, far up on high, are others who are 
in great number. They keep themselves familiar with af- 
fairs on earth, and look down upon the people with com- 
passion. They have a chief, and he is called the great 
manitou. 

Beneath the earth are other manitous. They have charge 
of water and fire. They supply the people with trees and 
with the fruits of every kind of plant. They are also ac- 
quainted with the people on earth and with the manitous of 
other worlds. Among them is a manitou who is like a chief ; 
he, too, is a great manitou. These manitous often come up- 
on earth and pass among the people; they are not always 
visible to the eyes of everybody. They and other manitous 
hold communion one with another ; they often meet in coun- 
cil. 

Thunderers as Protectors. — The Thunderers are kept 
busy with watching over us. The coming of wind and the 
approach of clouds are sure signs of an immediate presence 
of the Thunder manitous. They grow angry at the sight of 
wrong done to us. With great effort they restrain them- 
selves when they behold the' people driven to an extremity, 
when they behold the people enduring wrongs beyond all 
endurance. Naturally there must be an end of this thing; 
it will be on a day yet to come. The Thunder manitous will 
no longer withhold their patience. In that day they will 
crack open this earth and blow it to pieces. Where the white 
man will be hurled, no one knows, and no one cares. After 



78 IOWA JOURNAL OF HISTORY AND POLITICS 



this, the manitou will then create this world anew, and put 
the people back into it to live again. In that day they will 
no longer be pestered with the white man. 

The white man often gets a gentle reminder of what he 
will come to if he does not let up with his overweaning 
arrogance ; it 's when he beholds his houses blown away by 
the wind and struck with lightning. That he quite fears 
these things, is shown by the way he takes to a hole when 
such danger is in sight. He flies to it like a prairie-dog; it 
seems quite natural to him. 

But with us it is different. When the sky is full of wind 
and shooting fire, out of the lodges we go and meet the 
manitous there ; to them we make an offering of sacred to- 
bacco, and they are pleased. 

Attitude of People toward the Thunderers. — There are 
four great Thunder manitous, and their abode is in a lodge 
at the south. When they are there together, they sit one on 
the north, one on the south, one on the east, and one on the 
west. In such wise they sit and hold council, and tell of 
their wanderings across the sky. These four manitous are 
mighty. 

We stand toward them as a child toward its parents. We 
feel safe in their power of protection. That's why we go to 
meet them when we hear the sound of their approach. They 
look down at the holy tobacco in our hands, and it pleases 
them. Even though our houses are made of poles stuck into 
ground, and of sheets of bark, and of mats hung on with 
thongs, yet withal the Thunderers send no wind or rain so 
strong as to beat them down. 

Northern Lights. — In the winter, flames of fire flash up- 
ward from the place where the northern sky meets the earth. 
They are the ghosts of our slain enemies trying to rise. 
They are restless for revenge. The sight of them is an ill 
omen, it is a sign of war and pestilence. 



NOTES ON THE FOX INDIANS 



79 



Fire. — Our fire comes from the manitous who live in the 
world under the earth. They created the fire, and it is 
theirs. All their time they spend watching after and caring 
for it. The fire that people use first came from this place 
under the earth. Even the Thunderers, who keep watch 
over the people, obtain their fire from the manitous of the 
underworld. This is the fire one sees flashing from their 
mouths when they pass across the sky. 

Snakes. — We never kill a snake, because it is a manitou ; 
anyway, it is not safe to kill a snake. The manitous keep 
watch for the slayer, and hurt him in some way, either by 
illness or by an accident. A sudden swelling of the arm or 
leg or jaw, or in any part of the body, is a sign that the 
manitous are getting in their baneful work. The manitous 
have a way of prolonging the pain and agony; they bring 
the person up to the threshold of death, but don't quite let 
him pass in. 

For the same reason we do not kill an owl, fox, or wolf. 
They are manitous, and we and they are friends. We often 
meet and converse ; they understand us, and we understand 
them. 

Toads. — Toads are manitous, and they are our grand- 
parents. They live in the summer lodges, dwelling in the 
ground under the platforms. We like to have them there 
because they have the power of healing the sick. They are 
peaceful beings, and they have a friendly feeling towards 
us. It is meet never to kill them. 

Earth and Plant Life. — The earth is grandmother both 
to us and to Wisa'ka. Her name is Mother-of-all-Things- 
Everywhere. This grass, these sprouts, and these trees are 
as the hair upon us, only upon her they are not hair but as 
mortal beings. They are all grandparents to us. They hold 
converse with one another the same as we do, and they 
discern what passes on among people, as between you and 
me at this moment. 



80 IOWA JOURNAL OF HISTORY AND POLITICS 



The murmur of the trees when the wind passes through 
is but the voices of our grandparents. Often a whole forest 
hums with talk, and the trees can be heard at a distance. 
They have joys and trials like us. So we often hear the 
sound of their laughter and the sound of their lamentations. 
Hence one should be careful not to hurt their feelings. 
That is why it is meet to offer a tree tobacco when one is 
about to cut it down ; that is why it is good not to fell trees 
wantonly. 

The trees woo in the spring-time. They yield and refuse, 
the same as people. They whose tops bend and meet to- 
gether are such as find each other agreeable ; and they that 
sway apart are not so congenial. Not till later in the sum- 
mer and fall does one know the trees that have mated ; such 
are these that bear fruit and acorns. 

Com — Grains of Corn. — Wisa'ka gave the corn to the 
Red-Earths to be used by them as the best of all their foods. 
It is even a manitou, and that is why it is so nourishing. 

Every grain has the nature of a human being. "It shall 
not be removed from the cob except to be eaten and to be 
planted,' ' so commanded the manitou in times gone by. It 
should never be wasted, yet people forget; and when they 
become careless and wasteful with the corn, then the little 
grains weep; they become sad, like children neglected and 
left alone. 

REMARKS ON CLANS 

Fox Clan and the Animal Fox. — Wako denotes a member 
of the Fox Clan, and Wakuca is the word for a fox. One is 
applied to a person, the other to an animal ; but both express 
the same meaning, which is that the person and animal are 
one and the same. 

The manitou looks upon both as the same kind of creature. 
They are his friends, and he pities them alike. 



NOTES ON THE FOX INDIANS 



81 



Once the manitou wished to create something which would 
give him special delight. So he created a fox. The covering 
on the fox shone like silver in the sunlight. The manitou 
was pleased with the looks of what he had made. 

Then he let it down on the ground to see whither it would 
go and How it would behave. It started off on a run and 
went toward the south, but the place grew so warm that the 
fox became faint and could not travel. The heat of the place 
angered it and caused it to return northward. On the way 
back the fox regained its strength and soon fell into a run. 
It kept on until it arrived at the lodge of Wisa'ka. Wisa'ka 
took the fox inside and gave it welcome. He was pleased 
with it and gave it food. 

All this took place in the sky country. 

The fox left the lodge of Wisa'ka and descended down to 
earth, and here it has been ever since. It is guardian to all 
those who bear the fox name. 

Bears, and People of the Bear Clan. — There is no differ- 
ence between a bear and one who goes by the name of a bear ; 
both are the same, they are like brothers and sisters. The 
manitou created them alike in the beginning ; he made them 
like bears, and they moved on four feet and under a heavy 
robe. Their life was the life of the bear. 

The resemblance now between a bear and one of the Bear 
name is not as it used to be. They of the Bear name walk 
with the body erect, and the manner of their life is different. 
How this came to be, and when, no one knows, and is not 
likely to know. One thing only is certain, it was the work 
of the manitou. 

Bears are present at all gatherings of the Bear-people; 
they are not always visible, but yet they are there, and their 
presence is always felt. Bears, and people of the Bear 
name, are still brothers and sisters. That is the way the 
manitou willed it in the beginning, and that is the way it 

vol. x — 6 



82 IOWA JOURNAL OF HISTORY AND POLITICS 



shall always be. Fathers with a Bear name shall call their 
children by something peculiar to a bear ; this shall they do 
till the end of time. 

WITCHCRAFT 

Witches. — There are some persons among us who are 
witches. It is not safe to anger such people, because of the 
risk of having to suffer. A witch works evil in various 
ways. All that a witch needs to do is to touch a man on the 
shoulder, and it will not be long before the man will feel 
pain there. A witch may brush against a man on the hip, 
and the place will soon be big with swelling. 

Witches have great power, and they can work evil at a 
distance. I once knew of a witch that had something in a 
knot as big as my thumb. There was magic power in the 
knot, and the power was of long range. The witch would 
speak to the power in the knot, and tell whom and where to 
hit. If the witch said to hit so and so on the thumb, so and 
so would be struck on the thumb and suffer swelling there. 
It never failed to do execution. Magic power, the same as 
a witch, enters a lodge by way of the door. 

Witches like to travel by night. They often spit fire as 
they pass ; the flash is frequently so big as to light up the 
whole landscape. They often seem in great hurry, passing 
by with a whir and a hiss in their wake. A witch fre- 
quently goes forth in the form of a bear. The swing of its 
walk is slow, and a grunt comes with every step of the 
foot ; and at every grunt is a flash which lights up the path 
in front. 

It is possible to kill a witch, but not always on the spot. 
A witch is said to live four days after a fatal wound. One 
who dies without any sign of previous illness or as soon as 
one has been taken with sickness is usually looked upon as 
one who has been a witch. 



NOTES ON THE FOX INDIANS 



83 



It seems that the manitous do not like for witches to visit 
the graves of the dead. Hence every grave is guarded by 
four manitous. They station themselves about ten paces 
northwest from the grave. They keep watch by turns ; one 
stands guard while the other three sleep. Witches are ac- 
customed to visit a grave at night. A witch approaches with 
a whir, and lands at the grave with a thud. It stamps on the 
ground, and immediately up from the grave rises a ghost. 
The object of the witch's coming is to take the ghost on a 
wandering journey in the night. 

As soon as a witch arrives, the manitou on guard moves 
up and lays hold of the witch before it can get away. If the 
witch makes a promise not to visit the grave again, the 
manitou is likely to let it depart. But usually" the guard 
wakens the other manitous, and they cut the witch up into 
pieces, which they scatter over the grave as a warning to 
other witches. The manitous depart at the coming of dawn, 
and return again at dusk. 

Seers. — Among us are some persons who have power to 
look into the future, and therefore can foretell when any- 
body is going to die or whenever anything is going to hap- 
pen. There are also other persons who can see witches as 
they travel about at night ; and they can also see those peo- 
ple who have long since been dead. Of course, what they 
see is the ghosts of the dead, for it is a common thing for 
ghosts to travel forth at night. Yet it is not so easy to hold 
converse with ghosts. Persons who can see them can of 
course speak to them, but ghosts do not always answer back ; 
and when they do answer, it is not always possible to catch 
what they say. 

GHOSTS AND THE SOUL 

Ghosts. — Ghosts will not come to the halloo made by 
blowing upon the palms clasped, with a hollow inside; but 



84 IOWA JOURNAL OF HISTORY AND POLITICS 



they will come to a whistle long sustained. The sound of 
their approach is like the pit-a-pat of bare feet on hard 
ground. They come up on the run, with bodies forward, 
arms extended backward, and with wild looks this way and 
that. They come through the air, and light on the ground 
with a thud ; and then they stand silent by the caller 's side, 
waiting to know the cause of their summons. This takes 
place in the night, and may happen at any time between 
dusk and the sight of coming dawn. 

Soul. — Noganaw is in the heart of every man, woman, 
and child. It often comes forth when one is asleep, and 
wanders around, but it remains in its abiding-place while 
one is awake. It goes in the form of the person in whose 
heart it dwells. Its movement is swift and silent. 

It leaves the heart when a man is at the point of death. 
It goes to the lodge of Tcipayaposw in the spirit-land. If it 
returns without delay, the man will live; but if it tarries, 
the man will die. It returns after the man is dead, and 
lingers four days about the old home. Then it goes to the 
spirit-world to stay for good. 

On the way it meets a manitou that opens the top of its 
skull and takes out a pinch of brain. 

TOBACCO 

Source of the Present Sacred Tobacco. — The tobacco once 
failed, and there was no more to be had. Thereupon a man 
went into a fast. Once as he lay asleep, the manitou ap- 
peared unto him and spoke these things : 

" Arise, and prepare thyself for a journey. Four days 
thou shalt travel northward, go till thou comest to the sea. 
I will guide thee into a grove, and bring thee up to a tree 
the top of which will curve downward. One branch thou 
wilt see pointing straight down at the ground. There thou 
shalt look, and thou wilt find a plant tiny and tender. Take 



NOTES ON THE FOX INDIANS 



85 



up the plant and fetch it home. Be watchful in thy care of 
it, for it is holy. Thy people will have need for much use 
of it" 

The man did as he was told. That is the source of the 
tobacco which we now have for sacred use. 

Tobacco, its Growth. — Tobacco is grown in an out-of-the- 
way place which people are most likely not to frequent. A 
number of aged men personally tend it during growth, and 
see to its drying and preparation for use. They pluck the 
leaf and take out most of the main stem, leaving only enough 
of it to keep the leaf together. The leaves are laid out on a 
flat wooden surface and dried in the sun. After the drying, 
the tobacco is crumpled between the palms of the hands, and 
crushed into powder. The shoots and the poorer growth 
are sorted out and put aside for individual or social smok- 
ing; such kind is used for medicine or as an ingredient for 
some medicinal mixture. It has no ceremonial use. 

The better tobacco is put away for holy purposes; it is 
burned as an incense ; it is smoked during a ceremony ; and 
is used as an offering, either burned or otherwise. 

It is the custom for no woman to go near the place where 
the tobacco is growing, or to be around where it is in process 
of drying and preparation for use. It is believed that dur- 
ing such a period a woman can do tobacco much harm ; the 
harm can be partly unintentional on her part. The char- 
acter of the harm is a loss of magic and sacred effectiveness. 
When things don't turn out right by the use of holy tobacco, 
the blame is liable to be laid to some woman. 

IOWA 

The country toward the south is too warm in summer; 
the water there is not good to drink, and the hot winds parch 
the soil and the plants that try to grow. The country at the 
north is better than that at the south. Game is more plenti- 



86 IOWA JOURNAL OF HISTORY AND POLITICS 



ful, and rice can be gathered from the lakes. But the win- 
ters are too cold. The land westward is too much prairie, 
wood is scarce, and water is not always to be had. We have 
reason to be satisfied with the place where we now dwell. 
There is not too much prairie ; wood is plentiful, of which 
there are many kinds, and enough for all our needs. Water 
is always good to drink. Winters are never too cold, and 
the summers are always pleasant. It is our wish to dwell 
here always. 

HEARING AND UNDERSTANDING 

We hear sounds all around us. The mere hearing of them 
is by way of the ear. That is one kind of hearing. Another 
is by way of the mouth, and that gives us understanding. 
It happens in this way. We hear a spoken word and are 
able to catch its meaning. The sound of the word came by 
way of the ear, but the sense came by way of the mouth. 
The sense enters and lodges within us, and becomes a part 
of us. Such is the source of our understanding. 

We often fail to grasp the meaning of the spoken word. 
The reason of the failure is that the sense hovered in front 
of the mouth, and flitted away before finding an entrance. 

And we sometimes find it hard to understand. The reason 
for the difficulty is that the sense was a long while beating 
against the face before it finally hit the entrance and flew in. 

APPROPRIATENESS OF DRESS 

We let you inside the lodge because you are one of us, — 
not one of our clan, but one of our people. One thing only 
we ask of you : it is that you remove your hat and your coat 
before you enter the lodge. Leave them behind. The reason 
is plain : the manitous are inside the place ; offerings are be- 
ing made to them, — offerings of prayer, song, tobacco, and 
foods of many kinds. The manitous are pleased with these 
things. No one is there with hat or coat, everybody is in 



NOTES ON THE FOX INDIANS 



87 



appropriate dress. So what we ask is merely for the pur- 
pose of removing the fear of disturbing the peaceful pres- 
ence of the manitons. 

BEAR-CLAN FEAST AND DAVENPORT 

It is not our custom to let white people inside the lodge 
during a feast of the clan. There was once a white man who 
was our friend. His name was Davenport. He spoke some 
Fox. He liked us, and there was always truth in what he 
said. For these and other reasons we used to ask him into 
the lodge ; he came, and was glad to be there. 

SOCIAL DIVISIONS 

There are two social divisions in the tribe, — Kicko and 
To'kan. One enters a division at birth. The father usually, 
but not always, determines which division his child will en- 
ter. If he is a To'kan, it is likely his children will be the 
same. Often the first-born is the same as the father, and the 
next child is the other. No distinction is made on account 
of sex. 

The division creates rivalry in athletics and in everything 
where the spirit of emulation exists. 

ADOPTION 

An Adoption. — Tama, June 30, 1902. This morning I 
attended an adoption ceremony. The people were yet in the 
winter flag-reed lodges, and so most of the ceremony was 
held out-doors. 

I arrived when the men and boys were playing at cards. 
There was gambling in the play, but things put up were of 
small value. 

The invited were bidden to eat. 

Just previous to the eating the adopted appeared dressed 
in holiday garb. Later both — for there were two — went 



88 IOWA JOURNAL OF HISTORY AND POLITICS 



through the camps and among the crowd, covered with green 
blankets and in holiday dress. 

After the eating, the TVkanagi and Kickohagi played at 
moccasin. Twelve sticks were used. In the circle were 
sixteen or seventeen men. They played with a lead bullet 
and four gloves. A long stick was used to find the bullet. 
Two leaders, a To'kana and a Kickoha, sat at the east end 
of the circle and beside each other. Each beat the can (for 
drum) and sang when his side had the bullet. Others of his 
side sang with him. 

After the moccasin game, cards were played. Then came 
the ball game. 

The players were called to the centre of the field midway 
between the goals. They faced each other in line, — the 
To' kanagi on the north side, and the Kickohagi on the south 
side. At the east end, between the two lines, stood the two 
leaders. They faced the west. 

The two adopted sat between the lines of players, and 
faced the west. An old man stood near them and spoke. 

The game was played in mud and pools, and was won by 
the Kickohagi by the score of four to nothing. This gave 
them the privilege to eat at a feast soon after the game. At 
the lodge of the adoption a short dance was held just after 
the game. 

Lacrosse played at an Adoption. — Two boys went to the 
middle of an open ground and stood facing the west. They 
were in moccasins, leggings, breech-clout, blanket, and eagle- 
feather, — in full ceremonial dress. Both were made con- 
spicuous with paint. One, on the right, was in green and 
black ; the other, on the left, was in white. The one in green 
held a lacrosse-stick, with a ball in the pocket. Both stick 
and ball were colored green. 

In front and on the right stood seven To'kan men. They 
were painted with black and blue. Facing the seven To'kan 



NOTES ON THE FOX INDIANS 



89 



men were seven Kicko men, who were painted with white 
clay. Both sevens held lacrosse-sticks in their hands. 

An aged To'kan man stepped into the space between the 
sevens, and spoke to the players. A high wind was blowing, 
and it was difficult to catch all he said. The following was 
part of the talk : — 

"We obtained this ball game from the manitou. It was 
given to us long ago in the past. Our ancestors played it as 
the manitou taught them ; in the same way have we always 
played it, and in the same way shall our people continue to 
play it. Play hard, but play fair. Don't lose your heads 
and get angry. ' ' . . . 

After him spoke an old Kicko man, and the substance of 
his talk was much the same. 

As soon as the second man had finished speaking, then 
the boy who held the lacrosse-stick tossed the green ball into 
the air between the two sevens, and the game was on. Then 
from the gallery came other players, until more than twenty 
on a side were at play. The game ended with the score of 
three to one in favor of the Kicko side. 

A great supply of food had been prepared in a lodge near 
by the field. It was prepared and given by the people who 
had adopted the boys. By virtue of their victory the Kicko 
players had the right to claim the food as theirs. So, as- 
suming the role of hosts, they extended an invitation to their 
defeated opponents to come to the feast and eat. At the 
same time they twitted them of the ease with which they 
disposed of them in the game. A few To'kan men accepted, 
placidly submitting themselves to the fun poked at them 
during the feast. 

Two ponies, saddled and bridled, and laden with calico, 
blankets, and other gifts, stood in front of the lodge. As 
soon as the feast began, the boys climbed into the saddles, 
and then their ponies were led away toward the west. Each 



90 IOWA JOURNAL OF HISTORY AND POLITICS 



pony was led by a man on foot. About half a mile from the 
lodge the boys dismounted and led the ponies themselves 
afoot. The men went back to the feast. 

The departure of the boys from the lodge was a symbol 
that the souls of the dead whose places the boys took were 
then set free and on the road to the spirit-world. 

KIYAGAMOHAG 

The Kiyagamohag are the ones who do the fighting for us. 
When war is made against us, they are the first to go ; oth- 
ers follow afterwards. They have manitou power, and the 
manitou looks upon them with favor. They have the power 
to change themselves into a thin mist. This mist is like 
faint blue smoke, and it enables them to keep out of sight 
of the enemy. When they die in battle, it is as if they were 
weary unto fatigue and lie down to sleep. They lie down 
with the hope of rising with the dawn in the spirit-world. 

Kiyagamo takes the place of a comrade who has died in 
battle or in quiet life. There is dancing and feasting at the 
time, and it takes almost a whole day. Only the invited 
come to the ceremony. There is one who is in charge of all 
that is doing. He walks around with a whip in his hand, 
and sends away all who are not invited. He keeps up the 
enthusiasm of the dance ; he prods any one who lags, and he 
often uses the lash. He sees to it that none shall sit while 
music and dancing are going on. It is not right to show lack 
of interest in the feast and dance, because it makes the jour- 
ney of the soul slow, toilsome, and lonely. 

The Kiyagamohag put some food in wooden bowls, and 
place the bowls with ladles beside the fire. Then they eat 
up all the food and put away the vessels. But this is only 
going through the act of eating and of putting away the ves- 
sels, for the food is yet in the vessels, and the vessels are 
still by the fire. The food is for the souls of dead Kiyag- 



NOTES ON THE FOX INDIANS 



91 



amohag. The souls come to the fireplace at dusk, and carry 
the food with them to the world of ghosts. There they, and 
the soul for whom the dance and the feast were made, eat of 
the food together. 

The Kiyagamohag end the dancing and feasting when the 
sun is going down behind the west. They leave in a body, 
and go, beating on drums, and singing lamentations. The 
lamentations are sung for the soul then on its way along 
the spirit-road. The soul hears the songs even until it en- 
ters the world of ghosts. 

TWITCHING OF EYE AND MOUTH, AND RINGING IN THE EARS 

Twitching of the eyes is a sign that one will see a stran- 
ger: a young man will see a girl, he will fall in love with 
her, and she with him; a girl will see a young man, and the 
same thing will happen to them; and old folks will have a 
visit from old acquaintances. 

Twitching at the mouth is a sign that one will eat some- 
thing particularly delicious. 

A ringing in the ears means that one is being talked 
about ; in the right ear, it is of good report ; in the left, it is 
unpleasant. 

FASTING OF CHILDREN 

Some children are born with dark complexion. It is a 
sign that they have manitou power, which makes it easy for 
them to commune with the manitou world. Such children 
begin early to acquaint themselves with the mysteries of 
life and the spirit-world. They learn to converse with 
ghosts. 

They fast and keep vigil. Four days they remain in that 
state. They go with faces painted black with charcoal. A 
face blackened with charcoal is a sign that the child seeks 
the presence of the manitou. Often children fast merely for 
the sake of reaching the presence of the manitou ; but fast- 



92 IOWA JOURNAL OF HISTORY AND POLITICS 



ing in this way usually comes to an end when a child has 
arrived at the age of ten, sometimes twelve. Fasting after 
that is for a purpose. 

But in these days few are the children who come born 
with an easy access to the manitou. 

DEATH 

On Death. — All of you remember when I was very ill and 
everybody seemed to think my time had come to die. My 
feeling about death at the time was the same as it was be- 
fore the illness. 

I would have died with a calm and easy mind. I asked 
that my garments be as plain and simple in death as in life, 
and that my face and body be free from ornamentation with 
paint or jewel. It was my wish to appear the same in death 
as in life, for I dislike the idea of getting into a gay cos- 
tume. 

Much display at a funeral never has impressed me with 
deep feeling; and so I desired that no undue ado be made 
at my burial, and that the reverent regard for the last lin- 
gering moments of my soul be shown with silence and re- 
pose. 

It is natural for one to die, and hence there is nothing 
unusual about it. It is the same as going on a far journey, 
and I like the thought of making it as a journey here in life. 
I know that yonder behind the west, somewhere in the great 
distance, there flows a river, that over the river is a bridge 
for me to cross, and that there on the farther shore awaits 
one who will give me welcome. I do not know what my life 
in the spirit-world will be like. I concern myself little about 
the thought of it. I simply rest confident that I shall find 
it natural and simple, the same as here. 

Such are my notions about death, and I have yet no good 
reason to change them. 



NOTES ON THE FOX INDIANS 



93 



Burial. — I once saw a body brought to a grave on a 
stretcher. The stretcher was made of two long poles and a 
reed mat. The poles ran parallel, about two feet apart; 
and the mat doubled into half, forming the bed in between. 
Four men carried the body, the shoulder of each under one 
end of the pole. 

Over the mouth of the grave, and resting on supporting 
sticks, lay the coffin, which was made of pine planks. The 
body, wrapped in the mat of the stretcher, was laid in the 
coffin. 

The face of the dead was then uncovered. Two vessels — 
one with food, another with water — were placed beside the 
body. An elderly man stepped up to the head of the coffin 
and sprinkled holy tobacco over the place where he stood; 
and then he delivered a farewell to the dead, sprinkling the 
holy tobacco over the body all the while he talked. 

When he was done talking, then friends and relatives 
walked up to sprinkle some more of the same kind of pow- 
dered tobacco. Relatives of nearest kin added parting 
words in an undertone. 

The coffin was then lowered into the grave by the burial 
attendants, and covered over with earth. Over the mound 
was built a shelter made of the logs of small trees. It was 
to keep burrowing animals from injuring the grave. At 
the west of the grave was stuck a stick with a curve at the 
top. The curve was painted red, and pointed westward. 
Two dead puppies were placed in front of the staff. Both 
faced the west with legs outstretched, and were represented 
as if running along ahead. They had been choked to death 
a little while before, and were still warm and limp. Small 
bands of red cloth were tied about each neck and each front 
foot. 

A man closely related by blood to the dead sat a few steps 
away from the head of the grave. About him was a quan- 



94 IOWA JOURNAL OF HISTORY AND POLITICS 



tity of goods of various sorts. The goods consisted of cal- 
ico, blankets, beads, and domestic articles, like wooden 
bowls and ladles and woven bags. They were gifts for the 
burial attendants. The man waited until the mourners and 
others began to disperse, and then distributed the presents. 
The burial attendants were the last to leave. 

Behavior at Death. — Death in the village creates silence 
and calm throughout all the lodges. Conversation is sub- 
dued and held in an undertone. Laughter is controlled, and 
children are permitted to make no noise. 

Burial and Funeral Rites. — A girl had died. Her father 
then went out and asked a number of men to look after her 
burial. The mother had women come to care for the body 
and dress it. The men dug the grave, and at noon they 
fetched the body there. 

A man had been chosen to say a farewell to the dead. He 
was the first to sprinkle holy tobacco on the body, and after 
him came the attendants. Then the body was lowered into 
the grave and covered over with earth. 

When this was done, the father began the distribution of 
gifts to those who had helped at the burial. The gifts con- 
sisted mainly of things which the parents had got for the 
purpose, like garments and the material for garments. But 
some of the things were the girl's own personal belongings, 
and they were given to the attendants she had known best, 
and with whom she stood in an intimate relation. 

The attendants had had nothing to eat all day. In the 
evening, after the sun had set, they went to the lodge where 
the girl had lived. There they found food already prepared 
for them, — the best kind of food that the parents were able 
to get. The father and mother ate with them. This was 
done every evening for four days. The men ate nothing 
during the light of day, and came to the lodge at evening to 
eat of the food which was laid and prepared for them. It 



NOTES ON THE FOX INDIANS 



95 



was done with the idea that the soul of the girl lingered four 
days and four nights about the old home, and then went its 
way westward to the spirit-world. It was, furthermore, a 
symbol of feeding the soul. The soul partook of the food 
through and by means of each one who ate. 

Sacred Tobacco at Burial. — Sacred tobacco is sprinkled 
on the dead as an offering to Tcipayaposwa. The soul takes 
it to the spirit-world, and there gives it to Tcipayaposwa. 
The soul names the persons who made the offering. This 
pleases Tcipayaposwa. He listens to their prayers, and 
brings to pass the things they ask. 

Mourning at Burial. — Sometimes a lament is sung at 
burial. It comes after the grave is covered over, and when 
all but the relations have gone. Often only but one remains 
to wail the lament. It is believed that the soul hears the 
song, and takes it away after the fourth day, when it de- 
parts for the spirit-world. 

Feeding the Bead. — I was once stopping at an old wom- 
an's lodge. With her was living a young man who was 
cousin to her. One evening at dusk she asked us inside, and 
gave us a small bowl of blackberries cooked with maple- 
sugar. She withdrew to another part of the lodge, where 
she sat in silence. 

When we were done eating, we went back outside, and this 
is what the young man told me out there : — 

"She once had a daughter, and she was fond of her above 
everything else. The girl had grown up, and was kind, obe- 
dient, and never a care on her mind. By and by the girl 
died, and it seems that the mother has never been happy 
since. I have often found her alone, and seen her wet in the 
eyes; that is when she has been thinking of her daughter. 
Her thoughts seem constantly about her. She believes that 
when she is asleep, the girl comes to her and often converses 
with her. 



96 IOWA JOURNAL OF HISTORY AND POLITICS 



' i What she did this evening, she has done over and again. 
She seldom forgets her daughter when she has something 
delicious to eat. She likes to prepare it as she did the ber- 
ries, and call somebody in to eat it. She does it because she 
is feeding the soul of her daughter. She gets a good deal of 
consolation on these occasions, because she feels that then 
her daughter is present. To have us eat the berries was the 
same as having the soul of her daughter eat them. We took 
the berries into our bodies, but they have nothing to do with 
the nourishment of our bodies. It is the soul of the girl 
that gets the good of the berries. ' ' 

MOCCASIN GAME 

The appurtenances of the moccasin game contain four 
moccasins, a lead bullet, a bullet-finder, twelve point coun- 
ters, a number of game tallies, a blanket to play on, and a 
drum to sing by. The moccasins are usually of buckskin, of 
man's size, and laid side by side with soles down. The lead 
bullet varies in size ; one about a quarter of an inch in di- 
ameter is good. The bullet-finder is a stick about as thick 
as a finger, and varies in length from two to three feet; it 
can be dispensed with, the hand can be used instead. The 
twelve point counters are small wooden stems, each of which 
is usually about as big and as long as an ordinary unused 
lead-pencil. The game tallies are short sticks sharpened at 
one end to stick in the ground; their number depends upon 
the number of games required to win a stake. One stick 
stuck in the ground counts a game won. The drum is usual- 
ly the kind held in the hand, and having but one head. 

The game is played by two opposing sides, who sit on a 
blanket facing each other. Any number can play on a side, 
and a still greater number can take a side. The latter take 
no active part in the play; they can bet, and lend their 
sympathy. 



NOTES ON THE FOX INDIANS 



97 



One man at a time hides the bullet, and one man at a 
time hunts for it. The players take turns hiding and 
hunting; but he who is good at hiding, and he who is 
clever at hunting, have a longer inning than those not so 
proficient. The side that hides the bullet has the drum 
to sing by; they keep it as long as the other side fails to 
find the bullet. It follows the bullet, changing hands when 
it does. 

The hunter seeks for the bullet with the finder. He uses 
the finder to turn over a moccasin or to strike it. To turn 
the moccasin over is a guess that the bullet is somewhere 
else, but to strike the moccasin means that it is there. 

Twelve points make a game, and the side first making 
them wins a game. The scoring of points may be described 
as follows : 

Let the moccasins be called 1, 2, 3, and 4. Let the bullet 
be hid under moccasin 2. If the seeker first turns over any 
one or two of the other three moccasins and then turns over 
moccasin 2, he loses a point. But if, after he has turned 
over any one or two of the other three moccasins, he then 
strikes moccasin 2, he wins a point. Furthermore, he gets 
the bullet, and it is his turn to hide. 

If the seeker does not turn over any moccasin at all, but 
at once strikes moccasin 1 or 3 or 4, he loses four points. 
But if he happens to strike moccasin 2, then he wins four 
points ; it is also his turn then to hide the bullet. 

The side that first wins twelve points wins the game. If 
the other side wins the next game, then both stand nothing 
to nothing, the same as when they began. To win a bet, 
one side must hold a "love" score of games against the 
other. For instance, if each side puts up a pony and it 
is agreed that five games shall win the bet, then the side 
that gets five games to the other's nothing is counted the 
winner. 

VOL. X — 7 



98 IOWA JOURNAL OF HISTORY AND POLITICS 



VISITINGS 

Visit of a Stranger. — It is best for a visitor coming to the 
Foxes for the first time to show himself as soon as possible 
at the lodge of the chief of the Fox Clan. The chief re- 
ceives him with due hospitality. He welcomes him with a 
shake of the hand, he has food placed before him, and lights 
a pipe for the stranger. Then the chief waits to hear the 
object of the visit. 

After the chief has heard what the guest has to say, he 
takes him to the chief of the Bear Clan. After an intro- 
duction, the Fox chief states what he has just heard from 
the lips of the visitor. This taking of the visitor to the 
lodge of the Bear chief is a sign that the stranger is wel- 
come. 

The Bear chief entertains him with food and a smoke, 
and offers the hospitality of his lodge. The visitor is then 
free to go to the lodge of any one he knows. His call on the 
two chiefs gives him protection while he is among the peo- 
ple. The tribe holds itself responsible for his protection. 
It holds itself responsible for any physical violence that 
may happen to him while on his visit. This responsibility 
lasts till his departure. The responsibility does not hold if 
the call is not made on the two chiefs. 

Visit. — A stranger's first visit to a lodge means a good 
deal to him personally. He is on parade. He is not stared 
at, but nevertheless he is watched. Much is made of the 
eyes, for it is supposed that the character and direction of 
a glance have much to do with betraying the thoughts of 
the mind. 

The placing of food before him to eat is one of the first 
acts of hospitality he meets. It is good etiquette to show 
that the food is delicious; soup should be sucked from the 
spoon with much demonstration ; and nothing should be left 
on the plate uneaten, especially if the food was put there by 



NOTES ON THE FOX INDIANS 



99 



the host. Illness of a most apparent nature is the only 
excuse for inability. It is common to make the guest a 
present. This is a token of welcome and a sign of good- 
fellowship. A tactful guest will show his appreciation and 
gratitude more by his general manner and behavior than by 
word of mouth. 

The subject of conversation can be on anything of mutual 
interest. But there are a number of topics which are al- 
most sure to come out. For instance, an old man is apt to 
speak of past experiences ; an old grandmother is likely to 
talk about her grandchildren; an unmarried man is liable 
to be subjected to questions about marriage, and may be 
made to listen to advice, partly in jest, of the desirability 
of a wife, the means of obtaining one, and where she is like- 
ly to be found. A young man who is unable to play at love 
is looked upon as abnormal. 

It pleases the mothers and grandmothers to see the vis- 
itor bestow some attention on the children, but it is not good 
form to be effusive or over-attentive while the acquaintance 
is yet in the making. Over-indulgence is liable to be mis- 
interpreted, and the visitor may be suspected of designs. 

One takes leave at one's own pleasure, and can pass out 
of the lodge without a parting word with the host. The 
departure, however, must not be done while cooking is go- 
ing on, or when a mat is being laid for a meal. 

After this introductory visit, one is expected to look upon 
the lodge as a place where one is always welcome, no mat- 
ter at what hour of the day or night one may happen in. 
The next reception may be shown with very little attention, 
with nothing more than a passing recognition of the caller's 
presence; it is sure to be free from any formality if the 
people happen to be engaged at the time in some kind of 
work, like the preparation of corn, the making of a mat, or 
getting ready for a ceremony. A feminine member will 



100 IOWA JOURNAL OF HISTORY AND POLITICS 



come and spread a mat, and on it place vessels containing 
food. It is just as likely that this will be done in silence; 
the woman will return to her work without a spoken word, 
and leave the guest alone to his own devices. 

Visiting Relatives. — Within the circle of one's kin and 
acquaintance one moves with varying degrees of familiar- 
ity. The character of the familiarity corresponds with the 
nature of the intimacy. Usually one can enter any lodge 
within this sphere, and violate no convention. It is ex- 
pected that one shall know one's relations, both by blood 
and adoption. Lack of recognition of a relationship leads 
to a number of interpretations. One is that the relationship 
is ignored simply because of ignorance; such a fault is 
easily passed over. A second is based on a suspicion that 
one has committed something dishonorable, and that a feel- 
ing of shame leads one into isolation ; blame of this kind is 
not rigorous. Another is that one feels an uncomfortable 
sense of the fact of the relationship, that one stands in a 
patronizing attitude and feels a kind of shame because of 
the connection; this is a serious accusation, and if one is 
suspected of ignoring the relationship to the point of dis- 
owning it, then the blame is pitiless. 

It is not good form to call at a lodge where one is not ac- 
quainted, except in answer to an invitation or for some 
special purpose, as the conveying of a message and the do- 
ing of things that bear an impersonal character. This re- 
ception on such occasions is that of a stranger. 

A simplicity of manner prevails on the side of both guest 
and host. The politeness and consideration shown on both 
sides is marked by naivete and sincerity. 

The Return of a Relative. — It is the first duty of a person 
who has been absent for a long time to visit his relatives. 
It is a good thing, though not essentially necessary, to take 
presents along. 

i 



NOTES ON THE FOX INDIANS 



101 



DISPERSION 

First Version. — The Foxes used to dwell at the north, by 
the shore of the sea. There they lived until many nations 
came together and fought against them. Of all the nations, 
only two there were that did not war against them; they 
were the Ioways and Otoes. 

There was a certain young man in the camp of the Foxes, 
and he had the knowledge and use of mysterious power. 
He beheld how sore the Foxes were pressed. And when the 
nations came and camped round about the Foxes, hemming 
them in from all sides, he blackened his face and fasted. 

All this took place in the summer, at the season of ripen- 
ing corn. By and by the young man came out of the fast. 
Speedily he sat down by a drum and began to beat upon it. 
At the same instant he sang a song ; it was a song of prayer 
calling for deliverance. The song contained power ; for, lo, 
it began to snow ! All night long it snowed soft, silent, and 
deep. 

The fighting men of the enemy had withdrawn to their 
lodges, and there great sleep fell over them all. In the 
morning the snow lay deep everywhere. When the sun 
hanged high, it began to be noised about in the camp that 
the Foxes had escaped; and then a great cry went up, 
' t They have gone ! They have gone ! ' ' 

Thereupon the camp was moved with a great stir ; bodies 
of men ran to and fro, seeking whither the Foxes had fled. 

Episode of the Dispersion. — In the days when the Foxes 
were hemmed about and surrounded by the nations, a thou- 
sand men came together. They were the oldest in the na- 
tion. They called the young men together and spoke to 
them in this wise : — 

* ' The end of our days is nigh at hand, and we have but a 
short while yet to live. We feel it best to free you of the 
burden of caring for us. We are now going forth to meet 



102 IOWA JOURNAL OF HISTORY AND POLITICS 



the enemy, and we will fight as long as life and strength 
in ns will permit. We shall never return ; and when we die, 
it will be at the hands of the enemy, and, we hope, after we 
have caused them sacrifice. We leave a parting wish with 
yon, yonng men. Protect the women and children. Treas- 
ure the mystery-bnndles, and take care that yon never lose 
possession of them." 

And the old men went forth to battle, and never a one 
came back. 

Episode of the Dispersion. — Of those that went into the 
northwest, fonr hundred women and a man were made cap- 
tive. The name of the man was Ta'kamisaw. They were 
led away with hands bound behind their backs. 

One night the women began to wail for their people, and 
they cried to the manitou for deliverance. Lo, and their 
prayer was not in vain ! Deep sleep fell over their captors, 
and that same night they made their escape. By day they 
lay in the reeds of the hollows, and by night they journeyed 
over the plains. They were seen by the enemy on the fourth 
day of their flight, but they were able to make their escape. 
At last they overtook their people. 

Second Version. — Long ago the Foxes dwelt in a distant 
land at the east. It was when all the nations came together 
and made war against them. They were a long time fighting, 
and many fell on both sides. The nations came and camped 
round about them, and the Foxes had no way of escape. 

Then it was that the Foxes saw it was best for them to 
leave the land if they could, else they would all be slain. 
One night late in summer a deep snow fell on the earth. On 
that same night a man took a rawhide rope and started off 
on a walk ; he held the rope in the hand, and let it pass over 
the shoulder and drag behind on the snow. Thereupon, 
men, women, and children fell into line behind the rope; 
they followed it out of the circle of the besieging camp, and 



NOTES ON THE FOX INDIANS 



103 



away from danger of the foe. So silently moved they out 
of the camp, that not a sound did the enemy hear during all 
that night. The fighting men of the enemy had taken to 
their lodges when the snow began to fall, and there they re- 
mained and slumbered until the sun rose on the morrow. 
And when they awoke and found the camp of the Foxes 
abandoned, a cry went up, "They are gone! They are 
gone ! ' 9 Then they went in pursuit. 

At the time, Wapasaiy was chief of the Foxes. He let 
the foe take him captive. He was led away to a place where 
a great throng gathered to behold him. There he was 
bound fast to a tree ; his back was against it, and he stood 
straight. The warriors sat on the ground in front, and 
watched him in the face. The people drew nigh, and began 
to mock and reproach him. Stiff and rigid he stood for a 
long while, and without a word he took his abuse. 

Then all of a sudden out came one of his arms, and he 
pointed his forefinger at them who mocked. Speedily a 
deep breath he took, and snapped the cords over his chest. 
The cords fell to the ground, and he walked forth from the 
tree. The people opened apart, and gazed upon him with 
wonder as he passed out of their midst. Verily, he was a 
manitou, and not an ordinary mortal. 

Migration. — The Foxes journeyed northward until they 
came to a place where they parted in three directions. 
Some went past the head waters of the Mississippi, and 
fought their way through the land of the Sioux; then they 
turned southward, and journeyed over the great plain coun- 
try; again they changed their course, and went eastward 
until they came to the broad Mississippi; they crossed the 
water and came to Eock Eiver ; they saw the land was good ; 
they seized and held it, and there they dwelt. 

Others went away into the northwest. It is said that they 
journeyed across the plains, and arrived at the source of the 



104 IOWA JOURNAL OF HISTORY AND POLITICS 



Missouri. Here they stopped to live, and joined themselves 
with other nations. 

The rest continued northward, and there they scattered 
again. They stopped among the lakes, and there they 
dwelt. There they can be found even to this day. 

WABASAIY 

Wabasaiy was a chief of the Foxes when they dwelt by 
the sea. He was not mortal, he came from the manitous of 
the sky country. He was chief when the nations came 
against the Foxes and surrounded them on every side. 

In the camp of the foe were some Sauks and Kickapoos. 
These stole into the Fox camp, and warned the people of 
what would happen if the enemy prevailed; they warned 
the Foxes that they would all be slain, — all of them to- 
gether, men, women, and children. The Sauks and Kicka- 
poos advised them to make an escape, and promised them 
help to accomplish it. 

Thereupon one evening a young man began to beat upon 
a drum and to sing a song. The song he sang was a manitou 
song, and it put the enemy to sleep and caused the snow to 
fall. The snow fell all night and piled up high; and while 
it snowed, a man went outside with a rawhide rope. He 
dragged it over the snow and made a trail, which the people 
followed. He led them eastward to a place where they 
fortified themselves. 

At the same time a great host of young men slipped 
through the circle of the enemy, and went in another direc- 
tion ; they made a wide path in the snow purposely to draw 
the enemy into pursuit. 

The enemy awoke in the morning, and found that the 
Foxes had left their camp. Straightway they began to 
look for them ; and when they found the wide trail, they fell 
in, and followed it up until they came upon the young men 



NOTES ON THE FOX INDIANS 



105 



waiting in battle array. They rushed at the Foxes, and, oh, 
what a fight! The Foxes held ground until they thought 
that the old men, women, and children had secured and 
fortified themselves, and then they gave way. They fled 
toward the fort, and made it without being cut off. 

The foes came with a rush, and flung themselves against 
the fort ; but they were beaten back as often as they came. 
They were unable to make a breach. So many of them fell, 
that they lost heart and withdrew. 

By and by the Foxes felt it safe to leave the stronghold. 
They went with haste toward the northwest, and came to a 
place where the seas joined with narrow waters. The 
straits were frozen, and they were passing over the ice when 
up from behind came the enemy on the run. They had the 
women and children pass on ahead, while they set them- 
selves in array and waited. 

As they watched the foe come on, lo, they beheld that they 
were only the Ojibwas, the nation that had taken the lead 
in all the war. The fight took place there on the ice, and it 
went ill with the Ojibwas. Some got away, but most went 
under the broken ice. After this fight, the Foxes had no 
further trouble with the enemy. 

They continued their flight on a westward course; and 
when they had come to a great distance, they swung round 
toward the south. They kept going till they came to the 
country of Green Bay and Wisconsin River. There they 
tarried; and, liking the country so well, they decided to 
abide there and make the place their home. 

This was not altogether pleasant for the people living 
round about. As a result, the Foxes had to fight them to 
hold what they held. On the north were the Ojibwas and 
Menominees; on the west were the Sioux. With these na- 
tions they were ever at war. At last, but still holding claim 
to the country, they moved southward into the Rock River 



106 IOWA JOUENAL OF HISTORY AND POLITICS 



country, where their friends the Sauks lived. They joined 
themselves with these people, partly with the object of pro- 
tecting themselves, and partly with the purpose of becoming 
stronger so as to hit back at their enemies. 

The Sauks had come from the northeast, somewhere south 
of the sea. They were at peace with the Foxes on the north. 
After long years there came to be much going to and fro 
between the two peoples, — , Sauks to the Foxes, and the 
Foxes to the Sauks. In time the two peoples began to get 
wives from each other ; and since the language was so near- 
ly alike, it was easy for them to make an alliance. 

This kept up until the Sauks began to have trouble with 
the white man over the possession of the Rock River coun- 
try. The Foxes as a nation took no part in the dispute. 
They moved across the Mississippi to a country which they 
claimed as a hunting-ground. Here they began to dwell 
when the Sauks went to war with the white man and the 
Indian nations that helped him. And here, when the war 
was over, came the Sauks, who found an asylum and a place 
of refuge. Both peoples lived in a way like one nation, but 
they had different chiefs and different villages. This con- 
tinued so till they went to Kansas; and while there, they 
began to grow wider apart. Finally the Foxes were not 
satisfied with the way the Sauks were trying to control mat- 
ters of common interest, and so went back to Iowa. Ma- 
minwaniga was chief of the Foxes then. 

CHICAGO 

Once on a time long ago the Red-Earths were dwelling 
by the sea. During that time some men once went out to 
look for game. They stopped and made camp near the 
shore. On looking out at sea, they saw a black object off 
there. Presently they could observe that it was approach- 
ing. They kept watching till they made out a great skunk. 
It was making straight for the place where they were. 



NOTES ON THE FOX INDIANS 



107 



Thereupon they went into hiding. They waited for the 
skunk ; and when it came out of the water, they killed it. 

It was a big skunk ; they had never seen one larger. Then 
they remembered that the place where they were was a 
region of many skunks. The big skunk probably lived there, 
and was on his way home when he was killed; so, at least, 
was what the men thought. They regarded the skunk as a 
manitou, so they named the region Place-of-the-Skunk. 
.They meant by the name all that part of the sea where they 
saw the skunk, and the adjoining region, where the skunks 
were so many. 

At the southern end of the sea is a white man's town to- 
day ; it is a big town, and it had also the name of the Place- 
of-the-Skunk. It was near there somewhere that the Eed- 
Earths killed the great manitou skunk. 

AN INCIDENT 

Once a man fasted. In the vision he had he was told that 
his enemy was to be found at one or the other of two hills. 
The hills were far out on the plains of what is now Kansas. 
He set out for the place to find his enemy. The enemy were 
the Comanches. The scouts on ahead reconnoitred the first 
hill which the adopted in his fast had seen. No enemy was 
found. The scouts reported no enemy, and pushed on to 
the next. Before arriving at the place, they came upon an 
old Comanche man picking the lice from his hair. Beyond 
him was a big camp of the Comanches. 

The scouts did a most unusual act. They shook hands 
with the old man, they themselves extending first the greet- 
ings. This was contrary to all custom, for their mission 
was especially that of vengeance and death ; and so, instead 
of showing peace and friendship to the old man, they ought 
to have slain him then and there. And then they should 
have reported the news of the camp to the main body that 



108 IOWA JOURNAL OF HISTORY AND POLITICS 



was yet coming. The whole force then would surprise the 
camp by a sudden attack. But instead of doing what they 
should have, the scouts let the old man go to his village, 
while they retired in the direction of their main war-party. 

In a little while the scouts were fleeing for their lives 
with the whole force of the Comanche warriors after them. 
The Comanches were gaining ground on them; and at the 
river the scouts saw on the opposite shore from them their 
war-party just coming down to the water to cross. The 
scouts pushed on to meet them, and hardly were they in the 
water when over the high bank into the water plunged the 
Comanche horsemen. The Sauk and Fox war-party came 
on to meet them, and the fight was fought in the water in 
the middle of the stream. 

The Comanches were beaten back, and many scalps were 
taken there in the river. The dead Comanches were floated 
down stream after the scalps were taken from them. 

In the retreat the Comanches left one of their men to cov- 
er the rear. He was a short man, with only a bow and a 
few arrows. He alone held back the body of the Sauks and 
Foxes till his friends had got far away. As the men rushed 
on him, he would feign as if to shoot, and thereupon the 
Sauks would fall back; the same thing re-occurring till at 
last the men rushed upon him, and trampled him under with 
their ponies. They had to ride over him, because they 
seemed unable to hit him by shooting at him, and he seemed 
able also to dodge their bullets ! 

The Sauks cut him open to take out his heart ; but, instead 
of the heart that is usual for man to have, there was found in 
this man only a small piece of gristle. The possession of the 
small heart was what made him the brave man that he was ! 

BLACK-HAWK WAR 

The Sauks and Foxes were living together at the time, 
in the Rock River country. White people had been coming 



NOTES ON THE FOX INDIANS 



109 



in for some time, and helping themselves to the land. 
Wherever they selected places to live, there they settled 
down and began to make homes for themselves. The peo- 
ple beheld these doings, and were not at all pleased. 
When they made protests, the reply they got was that 
the land was no longer theirs, that it was now the white 
man's. 

About this time came officers of the government, and the 
chiefs and head men met them in council. The white men 
presented a paper. It said that an agreement had been 
made between officers of the government and head men of 
the Sauks and Foxes ; that according to the agreement, the 
people had given up the possession of all the Eock River 
country, in return for which the government had paid mon- 
ey, sugar, coffee, pork, tobacco, salt, and whiskey; and at 
the bottom of the paper was signed the names of the men 
of both sides who made the agreement. The principal man 
on the side of the government was the head official at Shal- 
low Water (St. Louis) ; and the principal man on the side 
of the Sauks and Foxes was Kwaskwami. The agreement 
had been made in the winter-time. 

The whole business came with great surprise upon the 
chiefs and councillors. The paper made clear one thing: it 
verified the ugly rumors that had gone from mouth to mouth 
about Kwaskwami. It was known to all that he had gone 
to spend the winter near Shallow Water. His object was to 
be near a trading-post where he could dispose of his pelts 
as fast as he got them. But it was rumored that he spent 
much time at the post, and that he hunted little ; that he hob- 
nobbed with the big official there, and that he had much 
money to spend ; that he drank a great deal, and was often 
so drunk that he was absent from his camp for a long period 
at a time ; and that all the while, even up to the time of his 
departure, he had plenty of food to eat. 



110 IOWA JOURNAL OF HISTORY AND POLITICS 



Now, all this was very strange, and the people wondered 
how it had come to pass. Then, as now, they knew they 
kept tab on the wealth of one another, and it was easy to 
guess the limit of one 's possessions. Moreover, it was par- 
ticularly easy to guess how much a man like Kwaskwami 
had. He was just a prominent man of a small group of 
people who happened to have their camps near by one an- 
other. This small band made up the party that went to 
camp near Shallow Water. It was men in this party who 
signed the paper with Kwaskwami ; and it was the people of 
this party who spread the gossip about Kwaskwami and his 
doings at Shallow- Water post. Kwaskwami and the men 
whose names were on the paper denied ever having touched 
the pen. They must have lied, or else they were drunk at the 
time and did not know they had touched the pen. 

The chiefs and councillors tried to explain to the officers 
the position of Kwaskwami, — that the man was not a chief ; 
that he had no power to make a treaty with another nation ; 
that his act was not known before or at the time he did it ; 
that he was not made a delegate to make a treaty on behalf 
of his people ; and that what he did, he did as an individual. 
They tried to explain to the officers that it was necessary, 
when a question came up about the cession of land, to let 
the whole nation know about it ; and that when a cession was 
made, it was necessary first to get the consent of every 
chief and councillor. 

It was of no use to talk about these things. The officers 
said that the agreement had been made, and that both 
parties would have to stand by it ; that they had come, not to 
talk about the treaty, but to tell the people to move as soon 
as possible across to the west bank of the Mississippi. 

Naturally the people were loath to leave their old homes ; 
but some had made up their minds to make the best of a bad 
bargain, and go to the new country. Those most of this 



NOTES ON THE FOX INDIANS 



111 



mind were the Foxes. Pawicig was chief of the Foxes then, 
and he led his people over across the river. With the Foxes 
went a band of Sanks. 

Among the Sanks was a man who had been prominent in 
council ; his name was Keoknk. 

Most of the Sanks were not for going, especially men of 
the younger class. There was at this time among the Sanks 
a great warrior ; he was of the Thunder Clan, and his name 
Big-Black-Bird-Hawk. The young men rallied about him, 
and talked to him about holding the old home, even if it 
meant war with the white man. He was not willing at first, 
because the number of his Sauk warriors was not big 
enough for a long, hard fight; and they had few guns and 
little ammunition, though they all had bows and arrows. 
He had fought with the English and with the Shawnee Te- 
cumseh, and knew what it was to fight against the govern- 
ment. 

In the midst of these events, he was visited by emissaries 
from other nations, — from the Potawatomies, Kickapoos, 
Winnebagoes, Omahas, and the Sioux, — all of them offering 
help to drive back the white man. A prophet among the 
Potawatomies told of a vision he had of the manitou, 
by which power came to him to foretell events. He said 
that the Big-Black-Bird-Hawk was the man to lead the na- 
tions and win back the old homes of the people ; that when 
the fight began, speedily would rise the dead to life again, 
and the warriors would be without number ; that back would 
come the buffalo and the game-folk that had disappeared; 
and that in a little while the white man would be driven to 
the eastern ocean and across to the farther shore from 
whence he came. 

In the end the Big-Black-Bird-Hawk was prevailed upon 
to go to war. No sooner had he begun, when he discovered 
that he would have to do the fighting with only the warriors 



112 IOWA JOURNAL OF HISTORY AND POLITICS 



of his own nation and a few others that came from the 
Kickapoos and Foxes. The chief of the Potawatomies who 
had urged him so strongly to fight gave the alarm to the 
white people, and took sides with them as soon as the fight- 
ing began. Instead of the Sioux and Omahas coming to his 
help, they fought against him; and when the Winnebagoes 
saw how things were going, they joined also with the whites. 
Indeed, there was little fighting between the Sauks and the 
white men ; most of the fighting was between the Sauks and 
the other nations. It was the Winnebagoes who made the 
Big-Black-Bird-Hawk captive. They turned him over to 
the white men, who carried him away to the east and kept 
him there a prisoner. After a time he was permitted to re- 
turn to his people, whom he found living on the west bank 
of the Mississippi. A short while after he died. Some 
white men stole his skeleton, and placed it in a great build- 
ing, where it was on view. The great building caught fire ; 
and it was burned up with the bones of the warrior of the 
Thunder Clan. 

The reason why these other nations took sides with the 
white man was partly because they were urged to do it; 
but the main reason was that they now saw a chance for 
them to get back at the Sauks. But they had occasion to 
regret what they did. When the war was over, and when 
the white man knew nothing about it, the Sauks, with the 
help of the Foxes, went at the various nations ; they went at 
them one at a time. And of them all, the Sioux were the 
only ones who came back to fight. This war was the last of 
the wars with the Sioux. They were driven out of the coun- 
try which the white men call Iowa. Such was how the Sauks 
and Foxes came into possession of Iowa. It was a right 
which the government acknowledged when it came to the 
purchase of the country from the Sauks and Foxes. 



SOME PUBLICATIONS 



John Brown, 1800-1859, A Biography Fifty Years After. By 
Oswald Garrison Villard, A. M., Litt. D. Boston and New York : 
Houghton Mifflin Company. 1910. Pp. xiv, 738. Portraits, plates. 
This volume constitutes the most complete and satisfactory biog- 
raphy of John Brown which has thus far appeared. The author 
devoted many years to the gathering of material, and he has pre- 
sented the subject in a clear and readable as well as scholarly 
manner. The writer's attitude is one of impartiality. That is, he 
avoids undue eulogy on the one hand and unmerited censure on the 
other. The work is well proportioned and contains much new ma- 
terial, and special commendation is deserved by the copious notes 
and references and by the extensive index. Iowans will be par- 
ticularly interested in the pages containing an account of the 
experiences of Brown and his men at Springdale and Tabor, Iowa. 

The Ioiva. Edited by William Harvey Miner. Cedar Rapids : 
The Torch Press. 1911. Pp. xiii, 100. Portrait, plate, map. This 
is the second volume in the series known as Little Histories of 
North American Indians, issued by The Torch Press. After the 
editor's preface the first forty-five pages are taken up with a reprint 
of a monograph on the Iowa Indians, by Thomas Foster, which was 
originally printed in a short-lived publication known as the Indian 
Record and Historical Data. Then follow four appendices devoted 
respectively to a roster of the Iowa camping circle, the treaties be- 
tween the Iowa and the United States government from 1815 to 
1861, and Iowa synonymy, and a list of the names of some of the 
more prominent members of the Iowa tribe, excluding half-breeds. 
A thorough index completes the volume and makes it convenient for 
reference use. Altogether the book is a valuable addition to the 
printed material relating to the Indians of Iowa and the Mississippi 
Valley. 

VOL. X— 8 113 



114 IOWA JOURNAL OF HISTORY AND POLITICS 



California Under Spain and Mexico, 1535-1847. By Irving 
Berdine Richman. Boston and New York : Houghton Mifflin Com- 
pany. 1911. Pp. xvi, 541. Maps, charts, plans. "The present 
book, fruit of two years' investigation in California and of much 
research elsewhere, is designed both for the general reader and for 
the special student. Its object, first, is to provide, from the original 
sources, a readable yet concise narrative of the history of Cali- 
fornia under Spain and Mexico (1535-1847), and second, to equip 
the narrative with a sufficient apparatus of citation and criticism. ' ' 
The purpose thus stated by Mr. Richman has been amply carried 
out, for in a sense the volume does for the Spanish period in Cali- 
fornia what Parkman's works did for the history of the French 
regime in North America. The author has made a thorough study 
of the subject and the notes and references, which occupy nearly 
one hundred and fifty pages, open up a wealth of material that will 
be a great assistance to other investigators. Furthermore, Mr. 
Richman has produced a volume which makes fascinating reading 
as well as being thoroughly scientific and scholarly. 

Autobiography of Charles Clinton Nourse. Cedar Rapids: Pri- 
vately printed. 1911. Pp. 235; Portraits, plates. This volume, 
the publication of which was made possible by the generosity of Mr. 
Lowell Chamberlain of Des Moines, was issued in a limited edition 
for the use of the members of the Nourse family. The book contains, 
as is indicated on the title page, a record of the incidents of more 
than fifty years practice at the Iowa bar. The book is divided into 
twenty chapters dealing with such subjects as ancestry and early 
life, early experiences in Iowa, important law suits, visits to Vir- 
ginia and Colorado, temperance and prohibition, regulation of rail- 
road rates, Des Moines River land titles, the A. 0. U. W. Contro- 
versy, the Brown impeachment case, the breeding of short horn cat- 
tle, and the B. F. Allen bankruptcy. While Judge Nourse seldom 
held official position in the State of Iowa he was for many years 
a prominent figure not only in the legal fraternity, but in political 
circles as well. Consequently his autobiography is rich with ma- 
terial of interest and value to the student of Iowa history. The 
volume has been printed and bound in a very attractive manner. 



SOME PUBLICATIONS 



115 



The Government of Iowa. By Frank Edward Horack, A. M., 
Ph. D. New York: Charles Scribner's Sons. 1911. Pp. xi, 216. 
Maps. This new text-book of civics is a distinct improvement upon 
anything that has hitherto been written in connection with Iowa. 
In the first place it is a departure in style and arrangement from 
the conventional civics text-book, which consists largely of extracts 
from the Constitution joined by connective phrases. Professor 
Horack has avoided this machine-like method and has presented the 
essential facts of Iowa government in an interesting and logical 
manner. Furthermore, his book is based upon the results of the 
latest and most critical researches in the field of Iowa history and 
politics, and it is strictly up-to-date, including the changes made by 
the General Assembly at its last session. 

The volume contains a number of features not found in other 
texts on the government of Iowa. The opening chapters are de- 
voted to the early history of Iowa and contain an unusual amount 
of accurate historical information. A number of maps, printed in 
several colors, illustrate Indian land cessions, Territorial juris- 
dictions, State boundaries, and the establishment of counties. An 
elaborate chart presents in graphic form the main facts concerning 
the method of appointment, term of office, compensation, and powers 
and duties of the various administrative officers, boards, and com- 
missions of the State. Many other matters such as taxation, the 
school system, and social and economic legislation, receive attention 
in addition to the mere frame-work of the government. Finally, 
there is an index which in completeness excels the indices usually 
found in text-books, and makes the volume very convenient for ref- 
erence purposes. 

The Aborigines of Minnesota. A Report Based on the Collec- 
tions of Jacob V. Brower, and on the Field Surveys and Notes of 
Alfred J. Hill and Theodore H. Leivis. By N. H. Winchell. St. 
Paul: The Minnesota Historical Society. 1911. Pp. xiv, 761. 
Plates, diagrams. This large folio volume presents one of the most 
complete surveys of its kind that has been published by a local or 
State agency in the United States. The first five hundred and fifty 
pages are devoted to the Dakota Indians, and there are chapters on 



116 IOWA JOURNAL OP HISTORY AND POLITICS 



the prehistoric races of Minnesota, the mounds and other earth- 
works in Minnesota, and the implements, ornaments, traditions, 
customs, history, treaties, missions, and reservations of the Dakota 
Indians. Then follow a number of chapters dealing with various 
phases of the life and history of the Ojibway Indians. Among the 
appendices may be found Brebeuf's account of the Feast of the 
Dead, a brief description of the battle of Pokegama in 1841, a part 
of the walam ulum tradition, and a tradition of the Delaware In- 
dians. More than seven hundred half-tone plates, folded inserts, 
and figures printed in the text, illustrate the volume. One re- 
grettable feature is the inadequacy of the index. 

The Indian Tribes of the Upper Mississippi Valley and Region 
of the Great Lakes, Vols. I, II. Edited by Emma Helen Blair. 
Cleveland : The Arthur H. Clark Company. 1911 and 1912. Pp. 
372. 412. Portraits, plates, maps. No investigator studying the 
history and customs of the Indian tribes of the upper Mississippi 
Valley can fail to realize the importance of this work. The greater 
part of volume one is devoted to Nicolas Perrot's Memoir on the 
Manners, Customs, and Beligion of the Savages of North America, 
now translated into English for the first time. Perrot was the first 
white man among a number of the western tribes and his knowledge 
of Indian character, customs, and needs, gained during many years 
of wandering in the upper Mississippi Valley, made him peculiarly 
capable of writing the Memoire which gave him his greatest title 
to fame. Even the French edition of the Memoire is so rare that 
it has been accessible only to the privileged few. Hence the present 
translation will be a boon to a great number of students. 

The remainder of volume one and approximately one-third of 
volume two are taken up with a translation of a portion of La 
Potherie*s History of the Savage Peoples Who Were Allies of New 
Franee, likewise published for the first time in English translation. 
This work, while less scarce than Perrot's Memoire, has long been 
recognized as being one of the best French accounts of the Indian 
tribes. 

Besides these two French works, which reveal the relations be- 
tween the French colonial government and the Indians as well as 



SOMK IT-ULICATIOXS 



117 



the manner and conditions of life among the tribes, there are early 
American accounts of the western Indians, especially of the Sauks 
and Foxes. In the first place there is a letter to the fiev. Jedidiah 
Morse written in November, 1820, by Major Morrell Marston, Com- 
mandant at Fort Armstrong. He describes the Sauk and Fox 
tribes in considerable detail and makes suggestions in regard to 
trade and official relations with these Indians. Along the same line 
is a more extended Accoimt of the Manners and Customs of the 
Sauk and Fox Nation of Indians, which is a report sent to William 
Clark in 1827 by Thomas Forsyth, one of the most successful and 
experienced Indian agents of the United States government. These 
two accounts will be especially interesting to Jowa history students, 
since the Sauks and Foxes have been the most prominent Indian 
tribes in the annals of this Commonwealth. 

Three appendices contain respectively a biographical sketch of 
Xieolas Perrot; some notes on Indian social organization, mental 
and moral traits, and religious beliefs, written by leading ethnolo- 
gists ; and a number of letters describing the character and present 
condition of the Sioux, Potawatomie, and Winnebago tribes. A 
bibliography and a comprehensive index complete the work. The 
editing appears to have been done in a painstaking manner and 
there are copious notes which as a matter of fact, are as valuable 
as the text to the investigator. Miss Blair deserves much credit for 
having made accessible these writings, which hitherto have been 
either unpublished or untranslated into English. 

AMERICANA 

GENERAL AND MISCELLANEOUS 

The Assessment of Public Service Corporations is the title of a 
paper by Alfred E. Holcomb, which has been rjrinted in pamphlet 
form. 

Two pamphlets issued in October and November, respectively, by 
the American Association for International Conciliation are: The 
Existing Elements of a Constitution of the United States of the 
World, by H. La Fontaine; and The Dawn of World Peace, by 
William Howard Taft. 



118 IOWA JOURNAL OF HISTORY AND POLITICS 



Barthinius L. "Wick is the author of a pamphlet entitled Did the 
Norsemen Erect the Newport Round Tower, in which he answers the 
question in the affirmative. 

Dana C. Munro is the writer of an article on The Cost of Living 
in the Twelfth Century, which appears in the Proceedings of the 
American Philosophical Society for September. 

Louis Blanc's Organization of Work, translated from the first 
edition by Marie Paula Dickore, is published in volume seven, num- 
ber one of the University of Cincinnati Studies. 

Stephen F. Weston is the writer of a folder describing the 
origin, activities and aims of the Intercollegiate Peace Association. 
An accompanying pamphlet contains the constitution of the Asso- 
ciation adopted in 1911. 

The Virginia State Library has published a pamphlet entitled 
Legislative Reference Lists, 1912, which contains references to ma- 
terial on practically all of the main topics of social, economic, po- 
litical, and sanitary legislation. 

An Index Analysis of the Federal Statutes ( General and Perma- 
nent Laws 1789-1783), Together with a Table of Repeals and 
Amendments, prepared by Middleton G. Beaman and A. K. Mc- 
Namara, is a work of great practical value. 

In a pamphlet entitled Why the Arbitration Treaties Should 
Stand, which was published in October by the World Peace Foun- 
dation, Denys P. Myers answers the objections raised by the United 
States Senate Committee on Foreign Relations. 

In the November issue of the Journal of the United States Cav- 
alry Association Joseph W. Rich makes an extended and detailed 
reply to criticisms of his monograph on The Battle of Shiloh, which 
were made by a reviewer in the July number. 

A letter from Nathaniel Greene to Samuel Adams on American 
Affairs in 1777 is printed in the September number of the Bulletin 
of the New York Public Library. Continuations of the List of 
Works Relating to Criminology may be found in both the Septem- 
ber and October numbers. 



SOME PUBLICATIONS 



119 



The Report on William Penn Memorial in London: Erected by 
the Pennsylvania Society in the City of New York, prepared by 
Barr Ferree, Secretary of the Society, has been printed in a neat, 
illustrated booklet of one hundred and ten pages. The memorial 
was dedicated on July 13, 1911. 

The Proceedings of the Bunker Hill Monument Association at 
the Annual Meeting, June 17, 1911, contains, besides the usual re- 
ports and lists of officers, committees, and members, the following 
addresses: Echoes of Bunker Hill, by Albert Bushnell Hart; and 
John Trumbull, the Painter of the Revolution, by Samuel Abbott. 

The October number of the American Labor Legislation Review 
is devoted to a Review of Labor Legislation of 1911, prepared under 
the direction of John B. Andrews. Here may be found an excel- 
lent summary of what has been accomplished in the various States 
of the Union during the past year along the lines of labor legisla- 
tion in all its phases. 

Among the articles in the October number of the American Fed- 
erationist are the following : Some Current Labor Topics, by Samuel 
Gompers ; and The British Labor Party — A Review, by A. H. Gill. 
In the December number may be found: Root Causes of Labor's 
Unrest, by W. Rines; President Gomper's Report; and John 
Mitchell on Live Trade Union Topics. 

The Black Friars and the Scottish Universities, by W. Moir 
Bruce; The Reformers and Divorce: A Study on Consistorial 
Jurisdiction, by David Baird Smith ; Scotsmen Serving the Swede, 
by George A. Sinclair; and The Hospitallers in Scotland in the 
Fifteenth Century, by John Edwards, are articles in the October 
number of The Scottish Historical Review. 

With the October number the Yale Review begins a new series, 
which differs from the preceding series in appearance, contents, and 
publishers. The periodical will no longer be limited to the dis- 
cussion of social, economic, and political topics, but will contain 
articles on a wide range of subjects, including scientific questions, 
the drama, general literature and poetry. Furthermore, the maga- 
zine is published by an incorporated association not directly under 



120 IOWA JOURNAL OF HISTORY AND POLITICS 



the auspices of Yale University. Among the articles in the October 
number may be mentioned the following: War, by William Graham 
Sumner: A Living Bate for the Railroads, by Morrell W. Gaines: 
and F . master General, by Henry Barrett Learned. 

Two articles in the November number of the Journal of the 
American Institute of Criminal Law and Criminology are: The 
Future Attitude Toward Crime, by George W. Kirehwey : and 
.lvv:>\*im? of Rulers, by Arthur MaeDonald. Then follow reports 
by various committees of the Institute at its last annual meeting 
dealing with different problems of criminology. 

A recent number of the University of Toronto Studies consists of 
the rifteenth volume of the Review of Historical Publications Re- 
lating to Canada, edited by George M. Wrong and H. H. Langton. 
This excellent review covers a large number of publications relative 
to Canadian history in all its phases, political, social, economic, ec- 
clesiastical, and archaeological, general and local. 

In the September number of the Bulletin of the Pan American 
Union may be found much material of historical interest. There 
are descriptions of Venezuela's Centenary Celebration and of The 
Celebration of the Centennial of Independence in Paraguay. 
Charles Lyon Chandler writes en The Resr: \r:gs ■:? Pan American- 
ism : and Louis H. Aynie tells of Ancient Temples and Cities of the 
Xew World. 

The July-September number of The American Antiquarian and 
-:tal Journal contains two articles of western interest. John 
Andrew Russell presents some Notes on Prehistoric Discoveries in 
Wayne County. Michigan. The authenticity of these same diseov- 
eries or relies is disproven by Frederick Starr. J. 0. Kinnaman. 
and James E. Talmadge in an article entitled The Michigan 
Archaeological Question Settled. 

The Arbitration Treaties and the Constitutional Powers of the 
Senate, by Henry Cabot Lodge: The Unnatural and Unchristian 
Spirit of Prohibiten, by Alton M. Young: The Problem of Con- 
trolling Monopolies, by William C. McChord: and Progress Toward 
rm in the Administration of Law, by Ralph W. Breckenridge, 



SOME I'CJJLIOATJONS 



121 



are articles in the October number of 7//.e Editorial Review. In the 
December number John Kirby. Jr.. discusses labor unions in an 
article headed, 77ie Xation's Greatest Peril. S. A. Thompson writes 
on Wdterwayg as Creators of Prosperity ; and Linden hates. Jr. 
7A ' Taxealers. 

Among the articles in 77/. e American Journal of Sociology for 
September are: Chicago Housing Conditions, V : South, Chicago at 
the Gates of the Steel Mills, by Sophonisba P. Breckinridge and 
Edith Abbott ; 77/.e Relation of Fatigue to Industrial Accidents, by 
Emory S. Bogardus; and 7/<e Paradox of Immigration, by Henry 
Pratt Fairchild. In the November issue may be found Minimum 
Wage Boards, by Mrs. Florence Kelley; and 7/<e /•'(>..' Universal 
Races Congress, by Ulysses 0. Weatherby. 

Benjamin II. Hibbard of the Iowa State College of Agriculture 
and Mechanic Arts is the writer of an article on Tenancy in the 
North Atlantic States, which appears in 7/>e Quarterly Journal of 
Economics for November. Among the notes on current legislation 
of economic interest are the following brief articles: Ffo U'ucoe.n'n 
Income Tax, by K. K. Kerman ; Recent Tax legislation in Iowa, by 
John E. Brindley; and 77te Taxation of Intangible Property in 
Minnesota, by Wilfred Eldred. 

The October number of 77* e South Atlantic Quarterly contains 
the following articles, among others: Lee A/7er ?/ie War, by Ga- 
maliel Bradford, Jr.; Force aneZ Zi%/i2 m the Government of the 
World, by William P. Few; 77>e Free Segro in Florida Before 1865, 
by David Y. Thomas; Workmen's Compensation and. the Lav:, by 
John Bauer; The New Amendment to the English Constitution, by 
William Thomas Laprade; and Butler's Relations with Grant and 
the Army of the James in by George 11 Wolfson. 

The Boy Scouts of America, by Dan Beard: The Story of the 
Civil War Told by Photographs, by Horatio C. King: Federalism 
in Canada and in the United. States, by Albert J. Beveridge: and 
Industrial Courts, by Helen L. Sumner, are among the articles in 
the October number of The American Review of Reviews. In the 
November number two contributions of especial interest are : Robert 



122 IOWA JOURNAL OF HISTORY AND POLITICS 



Laird Borden, the New Premier of Canada, by Agnes C. Laut ; and 
Panama — the Next Step, by Forbes Lindsay. Herbert Francis 
Sherwood discusses The Ebb and Flow of the Immigration Tide, 
and Ida Husted Harper writes on The World Movement for Woman 
Suffrage in the December issue. 

Alfred L. P. Dennis presents some Impressions of British Party 
Politics, 1909-1911, in the November number of The American Po- 
litical Science Review. A. N. Holcombe in an article on Direct 
Primaries and the Second Ballot comes to the conclusion that the 
system of primary nominations cannot be expected to give perma- 
nent satisfaction. Spanish Interests in Morocco is the subject dis- 
cussed by George Frederick Andrews; while S. Gale Lowrie out- 
lines some New Forms of the Initiative and Referendum. 

The following articles appear in the Columbia Law Review for 
November: The Doctrine of Farrell vs. Lockhart, by George P. 
Costigan, Jr.; the second chapter of The Origin of the Peculiar 
Duties of Public Service Companies, by Charles K. Burdick; and 
the concluding installment of The Legal Basis of Rate Regulation, 
by Edward C. Bailly. In the December number may be found con- 
tinuations of the first two monographs, together with an article on 
Anti-Trust Legislation and Litigation, by William B. Hornblower. 

Americana for September opens with an article on Early Days of 
Niblo's Garden and Theatre, by Albert W. Davis. Other contribu- 
tions are French Opinion of the American Civil War, by Lindsay 
Rogers; Forts Along the Ohio, by Delia MacCullock; and A Side- 
light on Conservation, by D. W. Wood. In the October number, 
among other articles, are : P. T. Barnum and J enny Lind, by Albert 
W. Davis; Was St. Brendan America's First Discoverer, by Thomas 
S. Lonergan ; and Lincoln's Last Laugh, by Dorothy Lamon Teillard. 

The December number of The American Economic Review opens 
with a discussion of The Federal Corporation Tax, by Maurice H. 
Robinson. Cost and Its Significance is the title of an article by 
H. J. Davenport. Henry Pratt Fairchild writes on Immigration 
and Crises; and the closing article is a discussion of Recent Efforts 
to Advance Freight Rates, by M. B. Hammond. The remainder of 



SOME PUBLICATIONS 



123 



the Review, constituting nearly two hundred pages, is devoted to 
book reviews and notes on current legislation and events of economic 
interest. 

Among the articles in The Survey during the past quarter are the 
following : Conference on Labor Legislation, by Lucile Eaves ; and 
The Wisconsin Legislation of 1911, by "William M. Leiserson (Octo- 
ber 14) ; Labor Legislation in New York, by Paul Kennaday (Octo- 
ber 28) ; A Man-Made Flood, by Graham Taylor; and Jewish 
Immigrants as Tobacco-Grotvers and Dairymen, by Alexander E. 
Cance (November 4) ; Opportunity and the Northwest, by Francis 
H. McLean (November 11) ; Religion in Social Action, by Graham 
Taylor (December 2). 

A reprint from the Proceedings of the Fourteenth Convention of 
the National Association of State Libraries contains the Public 
Archives Report, submitted by the Public Archives Committee, of 
which Dr. A. C. Tilton of Hartford, Connecticut, is Chairman. 
The report presents an excellent summary of the conditions of the 
archives in forty States and Territories, including the Philippines 
and Porto Rico. The requirements for the keeping of all records, 
State and local, in the Commonwealths of Connecticut and Massa- 
chusetts are especially worthy of study and emulation. 

The October number of The Journal of American History, which 
is now published by the Frank Allaben Genealogical Company, 
contains a goodly array of articles. The Naming of America is an 
excellently illustrated discussion. John Denison Champlin writes 
on The Tragedy of Anne Hutchinson. Cuts of old missions and 
other buildings embellish the account of Southern California in the 
Sixties, by Stephen Farnum Peckham. Other articles are : The Last 
Meeting of Lee and Jackson, by Mary Boyd Fleming ; The Ancestry 
of President Taft, by Mabel Thacher Rosemary Washburn; and 
Postal Service in the Thirteen Colonies, by W. Harrison Bayles. 

The first thirty pages of the June number of the Political Science 
Quarterly are devoted to A Local Study of the Race Problem, by 
R. P. Brooks. In an article on Southern N on- Slave-holders in the 
Election of 1860, David Y. Thomas endeavors to explain why so 



124 IOWA JOURNAL OF HISTORY AND POLITICS 



many non-slaveholders voted the radical Breckinridge ticket. Gov- 
ernment by Judiciary, by L. B. Boudin; and The Apportionment 
of State Taxes in Oregon, by J. H. Gilbert, are other contributions. 
The September number opens with a discussion of The Syndication 
of the Speakership, by C. R. Atkinson and C. A. Beard. The work- 
ings of The Referendum in Great Britain are described by Herbert 
W. Harwill. "People's Rule" in Municipal Affairs is the subject 
discussed by George H. Haynes. Another interesting article is one 
by R. L. Schuyler on Polk and the Oregon Compromise of 1846. A 
question of current interest is dealt with by E. W. Kemmerer in a 
study of The United States Postal Savings Bank. 

American Produce Exchange Markets is the general subject of 
discussion in the September number of The Annals of the American 
Academy of Political and Social Science. The functions of the 
produce exchanges; the marketing, classification, and inspection of 
grain ; the crop reporting system ; governmental regulation of spec- 
ulation ; the produce exchanges in the principal cities of the United 
States ; cotton exchanges ; and coffee markets are some of the sub- 
jects discussed by various writers. The supplement to this number 
of the Annals is devoted to the Work of National Consumers' 
League. In the November number may be found a series of articles 
on the general topic of Commission Government in American Cities. 
The volume is divided into four parts devoted respectively to under- 
lying principles and typical plans; problems of Commission 
Government; objections, limitations and modifications of the Com- 
mission Plan; and Results of Commission Government in typical 
cities. Of especial interest to Iowans is a paper on Commission 
Government in Iowa: the Des Moines Plan, by Benjamin F. Sham- 
baugh. The author reviews the movement leading up to the 
adoption of the Des Moines Plan, states the essential features of 
the plan, and points out the results of its operation. There are 
copious notes and references. 

WESTERN 

The Common Law and Judicial Legislation is the subject of an 
address by Andrew Alexander Bruce, which is printed in the Octo- 



SOME PUBLICATIONS 



125 



ber number of The Quarterly Journal of the University of North 
Dakota. The address was delivered before the North Dakota State 
Bar Association. 

Ohio Politics During the Civil War Period, by G. H. Porter, is a 
recent number of the Columbia University Studies in History, Eco- 
nomics and Public Law. 

An address by John Lee Webster, President of the Nebraska 
Historical Society, on The West : Its Place in American History, has 
been printed in pamphlet form. 

The Development of Banking in Oregon is the title of a brief 
monograph by James Henry Gilbert, which is published in the 
September number of the University of Oregon Bulletin. 

The T iv enty -Seventh Annual Report of the Bureau of American 
Ethnology, except for a few pages, is taken up with an extensive, 
illustrated monograph on The Omaha Tribe, by Alice C. Fletcher, 
and Francis La Flesche, a member of the Omaha tribe. 

Two numbers of the University of California Publications in 
American Archaeology and Ethnology published in November are : 
The Phonetic Elements of the Northern Paiute Language, by T. T. 
Waterman; and Phonetic Elements of the Mohave Language, by 
A. L. Kroeber. 

Ellis B. Usher is the writer of a pamphlet of nearly one hundred 
pages on The Greenback Movement of 1875-1884 and Wisconsin's 
Part in It. He discusses the background of the Greenback move- 
ment, outlines the issues of the Greenbackers, and traces the main 
features of the movement in Wisconsin. 

A new series of publications has been inaugurated at the Univer- 
sity of California where several series of excellent historical and 
archaeological monographs have been published for a number of 
years. The new series, of which the first number appeared in No- 
vember, is to be known as the University of California Publications 
in History. The first number is devoted to a monograph on Colonial 
Opposition to Imperial Authority During the French and Indian 
War, by Eugene Irving McCormac. The author first presents a 



126 IOWA JOURNAL OF HISTORY AND POLITICS 



general view of the subject, and then deals with the opposition in 
the colonies separately, showing that it was most pronounced in 
the middle colonies, but especially in Pennsylvania and Maryland. 

The Genteel Tradition in American Philosophy is the title of an 
address by George Santayana, which is published in The University 
of California Chronicle for October. Ship Subsidy is discussed in 
an unsigned article. Other articles are : Some Phases of University 
Efficiency, by Alexis F. Lange ; The Revolution in Mexico, by David 
P. Barrows; and Some Aspects of Modern Civic Duty, by Thomas 
H. Reed. 

A recent number of The University of Michigan Historical 
Studies consists of a volume of three hundred pages devoted to A 
History of The President's Cabinet, by Mary Louise Hinsdale. 
The volume opens with a discussion of the origin of the Cabinet, 
proceeds with a sketch of the Cabinet of each President from "Wash- 
ington to Taft, and closes with chapters on the principles of Cabinet 
making, the Cabinet and Congress, and the Cabinet and the Presi- 
dent. 

IOWANA 

In the December number of Midland Schools may be found an 
address by Fred L. Mahannah on Factors in Rural School Improve- 
ment. 

In the Madrid Register-News for October 5, 1911, C. L. Lucas 
corrects a number of errors relative to the famous Lott tragedy in 
Boone County. 

The Story of Waubonsie — War Chief of the Pottawattamies is 
told by Miss Merze Marvin in the issue of the Sentinel-Post pub- 
lished at Shenandoah, Iowa, on November 28th. 

The First Spoken Word, a brief article by R. D. Brook, and a 
sketch of Masonic History are among the contents of the Quarterly 
Bulletin of the Iowa Masonic Library for October. 

An extensive monograph on The Prairies, by Bohumil Shimek, 
is published in volume six, number two of the Bulletin from the 
Laboratories of Natural History of the State University of Iowa. 



SOME PUBLICATIONS 



127 



In the issue of The Winterset Madisonian for August 31, 1911, 
may be found a number of letters from former residents of Winter- 
set and Madison County telling of events in the early history of that 
region. 

As Bulletin No. 2 the Iowa State Board of Education has pub- 
lished the address on The Greater Outlook, delivered by Peter S. 
Grosscup at the fifty-first annual commencement of the State Uni- 
versity of Iowa. 

The Gift of the Bottom Dollar: The Apostles of Education in 
Iowa, by James L. Hill, is an article in the October number of The 
Grinnell Review, in which may be found some information relative 
to the famous Iowa Band. 

Express Company Money Orders is the subject of an address by 
Charles H. Kelsey, which is printed in The Northwestern Banker 
for October. In the November number there is an address by John 
V. Farwell on the Importance of Monetary Reform to Business Men. 

In the October number of The American Freemason there is an 
article On Neglected and Difficult Points of Masonic History and 
Chiefly of the Ancient or Jacobite Masonry, by John Yarker; and 
a continuation of the symposium on the question Is Roman Cathol- 
icism a Danger f 

The April- June number of the Iowa Library Bulletin contains an 
article on Library Boards Under the Commission Plan of Govern- 
ment, by F. F. Dawley. In the July-September number there is a 
biographical sketch of and tributes to Captain Johnston, the Friend 
of Libraries. 

In the issue of The Catholic Messenger (Davenport) for October 
5, 1911, there is an Historical Review of Catholicity in Burlington, 
Iowa. The account begins with the famous missionary, Father Maz- 
zuchelli, and contains mention of Zebulon M. Pike, Bishop Loras, 
and Father Pelamorgues. 

Among the papers in the volume of Contemporary Club Papers 
for the years 1910 and 1911, published by the Contemporary Club 
of Davenport, Iowa, are the following: Some Modest Remarks on 



128 IOWA JOURNAL OF HISTORY AND POLITICS 



Socialism, by George Cram Cook ; Good Old Davenport, by Edward 
K. Putnam ; Some Phases of Educational Expansion, by George Ed- 
ward Marshall; Should Railroads Compete, by Nathaniel French; 
Panama Canal, by Charles Francis; and Our Future Relations with 
Mexico, by Paul Kersch. 

President John G. Bowman's inaugural Convocation Address at 
the State University of Iowa is printed in The Iowa Alumnus for 
October. In the November number Theodore A. Wanerus presents 
a sketch of The University and the Civil War, which includes a 
roster of the University students who enlisted during the War. 

The October number of the Journal of History, published at 
Lamoni by the Reorganized Church of Jesus Christ of Latter Day 
Saints, opens with a Biography of Frederick Granger Williams, by 
Heman C. Smith. The Biography of Alexander H. Smith, by Vida 
E. Smith, is continued from a previous issue. Some autobiograph- 
ical material is presented under the heading, Statement of Elder 
John R. Evans. Continuations of the Autobiography of John L. 
Bear; of the Biography of Elder Joseph F. Burton, by Emma B. 
Burton; and of the Autobiography of Elder Charles Derry, may 
also be found. 

The publication that was formerly the organ of the League of 
Iowa Municipalities and was known as Midland Municipalities, not 
only became the organ of the League of American Municipalities 
with the October number, but also changed its name to The City 
Hall — Midland Municipalities. Besides the proceedings of several 
meetings and conferences the October number contains an article 
on Commission Plan Effect on Public Libraries, by Alice S. Tyler; 
and a discussion of Pella, Iowa, the City of Homes. In the No- 
vember number may be found Two Views of the Commission Plan, 
and an article on The Valuation of Public Utilities, by Clinton S. 
Burns. 

SOME RECENT PUBLICATIONS BY IOWA AUTHORS 

Beal, Foster Ellensborough Lacelles, 

Food of the Woodpeckers of the United States. Washington: 
Government Printing Office. 1911. 



SOME PUBLICATIONS 



129 



Butler, Ellis Parker, 

The Adventures of a Suburbanite. Garden City, N. Y. : 
Doubleday, Page & Co. 1911. 
Byers, S. H. M., 

With Fire and Sword. New York : Neale & Co. 1911. 
Downer, Harry E., 

History of Davenport and Scott County, Ioiva. Chicago : S. J. 
Clarke Publishing Co. 1911. 
Flom, George T., 

Fragment from B A 58 C. of Konongs Skuggsja. Urbana: 
University of Illinois. 1911. 
Garland, Hamlin, 

Victor Ollnee's Discipline. New York: Harper & Bros. 1911. 
The Long Trail. New York : Harper & Bros. 1911. 
Gilson, Roy Rolfe, 

Ember Light. New York : Baker & Taylor. 1911. 
Griffith, Helen Sherman, 

Letty's New Home. Philadelphia: Penn Publishing Co. 1911. 
Rosemary for Remembrance. Philadelphia: Penn Publishing 
Co. 1911. 
Hough, Emerson, 

The Young Alaskans on the Trail. New York : Harper & Bros. 
1911. 
Hughes, Rupert, 

Excuse Me! New York : H. K. Fly Co. 1911. 
Huntington, Ida M., 

The Garden of Heart's Delight. Chicago : Rand McNally & Co. 
1911. 

Hutchinson, Woods, 

Exercise and Health. New York : Outing Publishing Co. 1911. 
We and Our Children. Garden City, N. Y. : Doubleday, Page 
&Co. 1911. 

Handbook of Health. Boston : Houghton Mifflin Co. 1911. 
Kirkpatrick, Edwin Asbury, 

The Individual in the Making. Boston : Houghton Mifflin Co. 
1911. 

VOL. X — 9 



130 IOWA JOURNAL OF HISTORY AND POLITICS 



Miller, Emory, 

Memoirs and Sermons. Chicago: Jennings & Graham. 1911. 
Nourse, Charles Clinton, 

Autobiography. Des Moines : Privately printed. 1911. 
Parker, Leonard F., 

History of Poweshiek County, Iowa (two volumes). Chicago: 
S. J. Clarke Publishing Co. 1911. 
Parrish, Randall, 

My Lady of Doubt. Chicago : A. C. McClurg & Co. 1911. 
Richman, Irving B., 

History of Muscatine County, Iowa. Chicago; S. J. Clarke 
Publishing Co. 1911. 
Robbins, Edwin Clyde, 

The High School Debate Book. Chicago : A. C. McClurg & Co. 
1911. 
Rogers, Julia Ellen, 

Wild Animals Every Child Should Know. Garden City, N. Y. : 
Doubleday, Page & Co. 1911. 
Ross, Edward A., 

The Changing Chinese. New York: Century Co. 1911. 
Russell, Charles Edward, 

Business the Heart of the Nation. New York: John Lane Co, 
1911. 
Sabin, Elbridge H., 

The Queen of the City of Mirth. Philadelphia: George W. 
Jacobs & Co. 1911. 
Schell, Edwin A., 

Traits of the Twelve. Chicago : Jennings & Graham. 1911. 
Secor, Eugene, 

Verses for Little Folks and Others. Des Moines: Successful 
Farming Co. 1911. 
Shambaugh, Benj. F., 

Commission Government in Iowa: The Des Moines Plan. Iowa 
City : The State Historical Society of Iowa. 1912. Pp. 46. 
Starch, Daniel, 

Experiments in Educational Psychology. New York: The 
Macmillan Co. 1911. 



SOME PUBLICATIONS 



131 



Steiner, Edward A., 

The Broken Wall: Stories of the Mingling Flood. New York 
and Chicago : Fleming H. Revell Co. 1911. 
Wanerus, Theodore A., 

History of the Zetagathian Society of the State University of 
Iowa. Iowa City: Published by the Zetagathian Society. 
1911. 

"Weeks, Ida Ahlborn, 

The Poems of Ida Ahlborn Weeks. Newton, Iowa : L. T. Weeks. 
1911. 

Weeks, Le Roy Titus, 

The Poems of Le Boy Titus Weeks. Newton, Iowa: L. T. 
Weeks. 1911. 
White, Hervey, 

The Adventures of Young Maverick. Woodstock, New Yorkr 
Maverick Press. 1911. 
Wick, Barthinius L., 

Did the Norsemen Erect the Newport Round Tower. Cedar 
Rapids : Published by the author. 1911. 
Wilkinson, Marguerite 0. B., 

In Vivid Gardens. Boston: Sherman, French, & Co. 1911. 

RECENT HISTORICAL ARTICLES IN IOWA NEWSPAPERS 

The Register and Leader 

"Tama Jim" Wilson, by Henry Wallace, September 30, 1911. 
Dedication of Monument to Mrs. Henry Lott at Stratford, October 
1, 1911. 

Sketch of Life of Samuel B. Tuttle, Pioneer of Iowa, October 1 7 
1911. 

Sketch of Life of Mayor Daniel Robinson, October 2, 1911. 

Big Men of American Railway Systems Who Have been Iowans, 

October 8, 1911. 
Lincoln Memorial at Council Bluffs, October 8, 1911. 
L. Roquet — Pioneer Iowa Journalist, October 8, 1911. 
Iowa Biography, October 12, 1911. 



132 IOWA JOURNAL OF HISTORY AND POLITICS 



Iowa Research by Capable Political Scientists and Historians, Octo- 
ber 15, 1911. 

"Who Built the Mounds in Iowa?, October 15, 1911. 

W. H. Ward, Well Known Polk County Pioneer Physician, by L. F. 

Andrews, October 15, 1911. 
The Dodge Battery of Council Bluffs, October 22, 1911. 
When Mark Twain was a Boy in Iowa, October 22, 1911. 
Sketch of Life of Carroll Wright, October 29, 1911. 
Frank B. Tracy and Arthur Wilson, Boston Journalists Born in 

Iowa, October 29, 1911. 
Original Fire Fighters of Des Moines, October 29, 1911. 
Sketch of Life of Jeremiah Swift, by L. F. Andrews, October 29, 

1911. 

General Weaver Revives Recent Political Events, October 30, 1911. 

Sketch of Life of Albert Grefe, Sr., November 4, 1911. 

V. R. Miller and A. E. Cooper, Aged Iowans who Earned their Suc- 
cess, November 19, 1911. 

Career of a Town Marshal During Days of High Excitement, by 
L. F. Andrews, November 19, 1911. 

Youngest Soldiers in the Civil War, November 19, 1911. 

When Steamboating was the Rage on the Des Moines River, Novem- 
ber 19, 1911. 

Retaliation, the Indian Idea of Retribution, by 0. H. Mills, Novem- 
ber 19, 1911. 

Where Iowa has Fallen Down in Anti-Trust Legislation, by U. G. 

Whitney, November 22, 1911. 
Bravery of a Musquakie Indian, November 26, 1911. 
The Word "Des Moines "— Keep History Straight, November 28, 

1911. 

Old Camp McClellan, December 3, 1911. 

Some of the Characteristic Things About Iowa's Oldest Fort, by 
Mrs. Addie B. Billington, December 3, 1911. 

How Burlington Came to be Named Burlington, by T. B. Perry, 
December 3, 1911. 

Parker and Douglas Write Contributions to Iowa History, Decem- 
ber 3, 1911. 



SOME PUBLICATIONS 



133 



Steaniboating Days on the Des Moines River, December 3, 1911. 
George W. Copley, an Early Settler, by L. F. Andrews, December 3, 
1911. 

Mark Straessler — Nearly Half a Century at the Throttle of a Loco- 
motive, December 10, 1911. 

Sketch of Life of L. F. Parker, December 13, 1911. 

Old Des Moines Landmark Disappears, by L. F. Andrews, Decem- 
ber 17, 1911. 

Mayor George Alexander of Los Angeles, a Former Resident of 
Iowa, December 17, 1911. 

The Sioux City Journal 

Homesteading in Sioux City Territory, October 8, 15, and 29, 1911. 
The Indian Game of "Ball Play" as Played by the Choctaws in 

1832, October 8, 1911. 
How Sioux City has Grown in Sixty-two Years, October 18, 1911. 
History of Jobbing and Manufacturing in Sioux City, October 18, 

1911. 

History of the Catholic Church in Sioux City, October 18, 1911. 

History of Public Utilities in Sioux City, October 18, 1911. 

What the Commission Form of Government has Accomplished for 

Sioux City, October 18, 1911. 
A Sketch of the History and Intent of the Iowa Liquor Dealers' 

Association, October 18, 1911. 
Organization of the Judicial System of Woodbury County and the 

Men Who Built it Up, October 18, 1911. 
Pioneer Stories, by Frank Kelley, November 12, 1911. 
The Makeshifts of the Pioneers, November 19, 1911. 
Old Man Dean, by Frank Kelley, November 19, 1911. 
Rise and Fall of the Capital Investment Company, by Frank Kel- 
ley, December 10, 1911. 

The Burlington Hawk-Eye 

In Old Burlington (In each Sunday issue.) 
Veterans of the Twenty-fifth Iowa, October 15, 1911. 
Lights and Shadows of a Soldier's Life, by Robert J. Burdette, 
October 29, and November 12, 1911. 



134 IOWA JOURNAL OF HISTORY AND POLITICS 



Story of the Civil War, by W. P. Elliott, November 5, 1911. 
Who Gave Burlington the Name it Bears, by T. B. Perry, November 
19, 1911. 

Memories and Scenes of a Half Century Ago Revived, by W. P. 

Elliott, December 3, 1911. 
Mark Straessler, a Veteran of the Rail, December 3, 1911. 
Looting in the Army, by H. Heaton, December 10, 1911. 



/ 



HISTORICAL SOCIETIES 



PUBLICATIONS 

The October number of The Medford Historical Register is de- 
voted to a biographical sketch of Lucretia Mott, by Anna D. Hallo- 
well. 

The Proceedings of the Forty-fourth Annual Meeting of the Old 
Settlers' Association of Johnson County, Iowa, which have recently 
been printed, contain considerable information relative to early 
Iowa settlers. 

The fourth number of volume two of the Publications of the 
American Academy of Pacific Coast History is devoted to The Por- 
tola Expedition of 1769-1770: Diary of Miguel Costanso, edited by 
Frederick J. Teggart. 

Robert F. Gilder describes some Discoveries Indicating an TJnex- 
ploited Culture in Eastern Nebraska in the September-October num- 
ber of the Records of the Past. Hjalmar E. Holand presents some 
opinions of The Kensington Rune Stone Abroad. George Frederick 
"Wright tells of Glacial Man at Trenton, New J ersey. 

The Society of Colonial Wars of the State of Michigan has pub- 
lished the Journal of J. L. of Quebec, Merchant, which is the rec- 
ord of a journey made in 1768 by John Lees from London to 
Boston, New York, Detroit, Montreal, and various other points in 
America. The journal is edited by Clarence M. Burton. 

The seventh installment of Selections from the Torrence Papers, 
arranged and edited by Isaac Joslin Cox, is printed in the July- 
September number of the Quarterly Publication of the Historical 
and Philosophical Society of Ohio. The letters here published are 
taken quite largely from the correspondence of Thomas Sloo, Jr. 

The Seventeenth Biennial Report of the Board of Directors of 
the Kansas State Historical Society contains a record of the activi- 

135 



136 IOWA JOURNAL OF HISTORY AND POLITICS 



ties and progress of the Society during the biennial period from 
July 1, 1908, to June 30, 1910. It also includes the proceedings of 
the annual meeting of the Society on December 6, 1910. 

The May- August number of the German American Annals is 
taken up with an article on Die Deutschen Indianas in Kriege fur 
die Union, by William A. Fritsch ; and a continuation of the Journal 
of Du Boi the Elder, Lieutenant and Adjutant, in the Service of 
the Duke of Brunswick, 1776-1777, translated by Charlotte S. J. 
Epping. 

William West Bicheson: The Kentuckian that Taught Grant, by 
Thomas E. Pickett ; Kentucky's Part in the War of 1812, by Samuel 
M. Wilson; Letter of Samuel B. Overton to Waller Overton, Esq., 
written during the War of 1812 ; and Kentuckians in the Battle of 
Lake Erie, by A. C. Quisenberry, are among the articles in The 
Begister of the Kentucky State Historical Society for September. 

Charles Wilson Hackett is the author of a monograph on The Be- 
volt of the Pueblo Indians of New Mexico in 1860, which appears in 
the October issue of The Quarterly of the Texas State Historical 
Association. E. W. Winkler writes a brief paper on the Destruction 
of Historical Archives of Texas. Under the heading of Documents 
there is A Contemporary Account of the San Jacinto Campaign. 

Two articles are to be found in the June-September number of 
the Journal of the Presbyterian Historical Society. Robert Laird 
Stewart writes on The Mission of Sheldon Jackson in the Winning 
of the West; and Henry Beets discusses The Old Beformed Church- 
es of Prussia, Germany. Among the editorials may be found a num- 
ber of addresses delivered at The Calvin Quadricentennial at 
Geneva, Switzerland, during the summer of 1911. 

The Missouri Historical Beview for October opens with the M. M. 
Marmaduke Journal, edited by F. A. Sampson. M. M. Marmaduke 
was a member of an expedition from Franklin, Missouri, to Santa 
Fe in 1824. Cities that were Promised is the title of a brief article 
by F. A. Sampson; while Joab Spencer presents some notes on the 
Early History of the Methodist Episcopal Church and of the Metho- 
dist Episcopal Church, South, in Saline County, Mo. 



HISTORICAL SOCIETIES 



137 



The "Old Northwest" Genealogical Quarterly for January and 
April, which made a belated appearance, contains, besides genea- 
logical material, the following contributions: a sketch of General 
Washington as a Land Locator and Dealer; the argument of Nelson 
W. Evans relative to The Washington Claim Before Congress in the 
Light of the Report of the Committee on Private Land Claims of 
the 61st Congress; and a list of Subscribers to Prince's Annals. 

Die Deutschen in der Amerikanischen Geschichtschreibung , by 
Julius Goebel, is an article which is given first place in the Deutsch- 
Amerikanische Geschichtsblatter for October. Eine Ehrenrettung 
des Franz Daniel Pastorius, and Die Erinnerung an Emit Bothe, are 
topics discussed by H. A. Rattermann. Anton Caspar Hesing is the 
subject of a biographical sketch. Among the remaining contribu- 
tions is an article on Quincy's Deutsche in Kriege fur die Union, by 
Heinrich Bornmann. 

The September number of the Records of the American Catholic 
Historical Society of Philadelphia opens with extracts from a num- 
ber of letters grouped under the heading, Baltimore Brevities. The 
most interesting contribution from a western standpoint is to be 
found in the Parish Registers of Prairie du Chien, Galena, and 
Fever River, 1827-1833. There is also a brief discussion of the 
question : Was Bishop Hughes Offered a Peace Mission to Mexico by 
President James K. Polk? 

The extract from The Randolph Manuscript published in the 
October number of The Virginia Magazine of History and Biogra- 
phy consists of instructions to Governor Lord Howard of Effingham, 
on February 27, 1688. The history of Virginia in 1669-1670 is 
illustrated by a number of documents consisting largely of letters 
from the correspondence of Sir William Berkeley. A bibliography 
dealing with Virginia's Soldiers in the Revolution is prepared by 
C. A. Flagg, and W. 0. Waters. 

Two numbers of The James Sprunt Historical Publications, pub- 
lished under the direction of The North Carolina Historical Society, 
have recently been issued. One contains a biographical sketch of 
Benjamin Sherwood Hedrick, by J. G. de Roulhac Hamilton. The 



138 IOWA JOURNAL OF HISTORY AND POLITICS 



other number embraces a sketch of the life of Bartlett Yancey, by 
George A. Anderson; a brief article on The Political and Profes- 
sional Career of Bartlett Yancey, by J. G. de Roulhac Hamilton; 
and a number of Letters to Bartlett Yancey. 

Hooper Warren is the subject of a biographical sketch by Frank 
E. Stevens which opens the Journal of the Illinois State Historical 
Society for October. The psychozoic problems of Prehistoric Illi- 
nois are discussed by J. F. Snyder. Early Religious Beginnings in 
Illinois is the title of an address by Russell F. Thrapp. Richard V. 
Carpenter describes Lincoln's First Supreme Court Case; W. N. 
McElroy presents a brief sketch of The Rev. Simon Peter and the 
Quarterly Conference; and W. F. Norton discusses Old Fort Belle 
Fontaine. , 

The Bells of Paul and Joseph W. Revere, which consists of a de- 
scriptive list of the bells in question prepared by Arthur H. Nichols, 
is the opening contribution in the Historical Collections of the Es- 
sex Institute for January, 1912. The continuation of Salem Town 
Records affords additional opportunity for the study of the opera- 
tion of the government of the New England town. The Revolution- 
ary Journal of James Stevens of Andover, Mass. occupies about 
thirty pages. Sidney Perley contributes the ninth installment of 
his study of Marblehead in the Year 1700. 

Isaac F. Nicholson is the writer of an article on The Maryland 
Guard Battalion, 1860-61, which opens the June number of the 
Maryland Historical Magazine. Some documents from the Execu- 
tive Archives are printed under the heading, Samuel Chase and the 
Grand Jury of Baltimore County. A brief sketch by Francis B. 
Culver tells of General Sullivan's Descent upon the British of Sta- 
ien Island — The Escape of William Wilmot. Among the other 
articles are: Hon. Nicholas Thomas, by Richard Henry Spencer; 
and Washington College, 1783, by L. Wether Barroll. 

William Brooke Rawle is the writer of an article on Laurel Hill 
and Some Colonial Dames who Once Lived There, which is given 
first place in the October issue of The Pennsylvania Magazine of 
History and Biography. Charles Henry Hart is the editor of some 



HISTORICAL SOCIETIES 



139 



Letters from William Franklin to William Strahan. Among the 
remaining contributions are : Orderly Book of the Second Pennsyl- 
vania Continental Line, Col. Henry Bicker, edited by John W. 
Jordan ; and Five Letters from the Logan Papers in the Historical 
Society of Pennsylvania, selected by Miss J. C. Wylie. 

W. L. Westermann is the writer of an article on The Monument 
of Ancyra, which appears in the October number of the American 
Historical Review. Albert E. White discusses the First Concen- 
tration of Juries: The Writ of July 21, 1213. Other contributions 
are : The Board of Trade at Work, by Mary P. Clarke ; Prince Hen- 
ry of Prussia and the Regency of the United States, 1786, by Rich- 
ard Krauel ; The Bred Scott Decision, in the Light of Contemporary 
Legal Doctrines, by Edward S. Corwin. Under the heading of 
Documents David W. Parker contributes the Secret Reports of John 
Howe, 1808. 

The twentieth number of the Publications of the American Jew- 
ish Historical Society makes a neat volume of over two hundred 
pages and contains much valuable material. Societies for the Pro- 
motion of the Study of Jewish History is the subject discussed by 
Alexander Marx. Some Unpublished Correspondence Between 
Thomas Jefferson and Some American Jews is contributed by Max 
J. Kohler. Hebrew Learning Among the Puritans of New England 
Prior to 1700, by D. de Sola Pool; The Jews of Virginia from the 
Earliest Times to the Close of the Eighteenth Century, by Leon 
Huhner ; and Francisco de Faria, an American J ew, and the Popish 
Plot, by Lee M. Friedman, are among the remaining contributions. 

The March number of The Quarterly of the Oregon Historical 
Society opens with a paper on Early Navigation of the Straits of 
Fuca, by P. W. Howay. Walter Carleton Woodward contributes 
a second installment of his study of The Rise and Early History of 
Political Parties in Oregon, this installment dealing with the Ter- 
ritorial Period. Part five of F. G. Young's Financial History of 
Oregon is devoted to treasury administration and budgetary prac- 
tice. A further installment of Mr. Woodward 's monograph is pub- 
lished in the June number of the Quarterly. Here may also be 



140 IOWA JOURNAL OF HISTORY AND POLITICS 



found an article by J. Neilson Barry on The First-Born on the 
Oregon Trail; and The History of Railway Transportation in the 
Pacific Northivest, by F. G. Young. 

A number of tributes to the late General Roeliff Brinkerhoff are 
to be found in the opening pages of the Ohio Archaeological and 
Historical Quarterly for October. The Celebration of the Surrender 
of John H. Morgan is described by George W. Rue. Early Steam- 
boat Travel on the Ohio River is the subject of an interesting article 
by Leslie S. Henshaw. William Z. Davis is the writer of a bio- 
graphical sketch of William H. West. Charles B. Galbreath pre- 
sents a discussion of The Battle of Lake Erie in Ballad and History, 
in which may be found a list of the killed and wounded on board 
the ships of the United States squadron, together with the official 
report of the distribution of the prize money. The final contribu- 
tion is an article on Brady's Leap, by E. 0. Randall. 

The Carnegie Institution of Washington has published a volume 
which should prove of great assistance to anyone investigating sub- 
jects in the Territorial history of the various States. It is a 
Calendar of Papers in Washington Archives Relating to the Terri- 
tories of the United States (to 1873), prepared by David W. Parker. 
Nine pages, for instance, are devoted to papers, mostly letters, deal- 
ing with various problems arising in connection with the govern- 
ment of the Territory of Iowa, from 1838 to 1846. It might be 
stated, however, that the dates cited by the compiler in a brief 
prefatory note are at variance with those commonly accepted by 
Iowa historians. July 4, 1838, and December 28, 1846 (instead of 
July 3, 1838, and March 3, 1845), are the dates ordinarily cited for 
the establishment of the Territory and the admission of the State 
of Iowa, respectively. Furthermore, a number of these papers and 
documents have been printed, and references to this effect would 
have enhanced the convenience of the calendar. 

Among the papers to be found in the Annual Report of the 
American Historical Association for the Year 1909 are the follow- 
ing : Some Aspects of Postal Extension into the West, by Julian P. 
Bretz; Side Lights on the Missouri Compromise, by Frank Hey- 



HISTORICAL SOCIETIES 



141 



wood Hodder ; the Towns of the Pacific Northwest Were not Found- 
ed on the Fur Trade, by Edmond S. Meany; Morton Mathew Mc- 
Carver, Frontier City Builder, by Edmond S. Meany ; The Place of 
the German Element in American History, by Julius G-oebel; The 
Dutch Element in American History, by H. T. Colenbrander ; and 
The Dutch Element in the United States, by Ruth Putnam. In ad- 
dition to these papers historical workers will find much to interest 
them in the volume. The Proceedings of the Sixth Annual Con- 
ference of Historical Societies, reported by "Waldo G. Leland, con- 
tains a summary of the conditions of the various societies in 
December, 1909. To the report of the Public Archives Commission 
there is appended an extensive report on The Archives of the State 
of Illinois, by Clarence W. Alvord and Theodore Calvin Pease ; and 
A Preliminary Report on the Archives of New Mexico, by John H. 
Vaughan. The last two hundred and fifty pages are devoted to the 
bibliography of Writings on American History, 1909, prepared by 
Grace Gardner Griffin. This valuable reference list has for a num- 
ber of years been published under various auspices and by various 
publishers but its preparation has now been definitely assumed by 
the American Historical Association and it will be printed yearly 
in the annual report. 

ACTIVITIES 

Dr. Dallas T. Herndon has recently been appointed Secretary of 
the Arkansas History Commission. 

The twenty-seventh annual meeting of the American Historical 
Association was held at Buffalo, New York, December 27-29, 1911, 
and at Ithaca, New York, December 30. 

The Department of Historical Research of the Carnegie Institu- 
tion of Washington will direct the greater part of its energies dur- 
ing the year 1912 toward the making of an atlas of the historical 
geography of the United States. 

The midwinter meeting of the Mississippi Valley Historical Asso- 
ciation was held at Buffalo, New York, on December 28, 1911. On 
that morning a joint session was held with the American Historical 
Association, the papers all relating to frontier problems. 



142 IOWA JOURNAL OF HISTORY AND POLITICS 



The First Biennial Report of the Texas Library and Historical 
Commission, which was created in 1909, has appeared. Among the 
documents acquired by the Commission are the papers of President 
Mirabeau B. Lamar, and a number of letters of Albert T. Burnley, 
Loan Commissioner of the Republic from 1837 to 1840. The Com- 
mission plans to publish a Texas Archives series containing impor- 
tant documentary material. 

A series of letters from William Kennedy and Captain Charles 
Elliot to the British government relating to affairs in Texas during 
the years from 1842-1845 are being copied in the British Public 
Record Office, and will be published by the Texas State Historical 
Association in its Quarterly during the current year. William Ken- 
nedy and Charles Elliot were representatives of Great Britain in 
Texas during the years indicated, and their letters will be a con- 
tribution to the documentary history of Texan diplomacy. 

The fifty-ninth annual meeting of the State Historical Society of 
Wisconsin was held on October 26, 1911. The report of the Secre- 
tary, Dr. Reuben Gold Thwaites, indicates that there has been no 
diminution in the work and progress of the Society during the past 
year. An appropriation of $162,000 was secured from the legisla- 
ture for a new book-stack wing to the building, and thus the con- 
gested condition of the library will be relieved. Nearly ten thousand 
books and pamphlets were added to the library, bringing the total 
to over three hundred and forty-one thousand. In the museum 
nearly four thousand specimens were added. Among the activities 
of the Society has been a series of researches in the various Canadian 
archives for documents bearing on the history of the Wisconsin fur 
trade. The principal address at the annual meeting was delivered 
by Dean Evarts B. Greene on Some Aspects of Politics in the Mid- 
dle West, 1860-1872. 

DECATUR COUNTY HISTORICAL SOCIETY 

The Decatur County (Iowa) Historical Society held its annual 
meeting at Lamoni on November 28, 1911. The Secretary's report 
revealed the fact that a creditable addition had been made to the 
Society's library. The Historian presented a sketch of the early 



HISTORICAL SOCIETIES 



143 



history of Decatur County. The treasury of the Society was re- 
ported in good condition, and it was voted to reduce the annual 
membership fee from one dollar to fifty cents. The following officers 
were elected for the ensuing year: Guy P. Arnold, President; 
Stephen Varga, Vice President ; Heman C. Smith, Secretary ; F. M. 
Weld, Treasurer; Duncan Campbell, Historian; J. W. Harvey, 
Patrick Griffin, J. A. Gunsolley, and Emaline A. Malett, Members 
of the Board of Directors. 

THE STATE HISTORICAL SOCIETY OF IOWA 

The volume on The Hollanders in Iowa, by Mr. Jacob Van der 
Zee, and Dr. Dan E. Clark's History of the Elections of United 
States Senators from Iowa are ready for the press. 

Professor E. H. Downey, of Kenyon College, Gambier, Ohio, Re- 
search Associate in the Society, read a paper on Employers' 
Liability before the Iowa State Conference of Charities and Cor- 
rection at Iowa City in November. 

George Wallace Jones is a volume in the Iowa Biographical Series 
which is now in press. The volume will contain a biographical 
sketch by Dr. John C. Parish, and in addition an autobiography 
and a series of recollections by Senator Jones. 

The following persons have recently been elected to membership : 
Mr. James R. McVicker, Iowa City, Iowa ; Mr. John S. Nollen, Lake 
Forest, Illinois; Mr. Paul J. Pierce, Belmond, Iowa; Mr. Paul W. 
Black, Plymouth, Illinois; Mr. John C. Hartman, Waterloo, Iowa; 
Mr. F. H. Paul, Des Moines, Iowa; and Mr. Irving B. Richman, 
Muscatine, Iowa. 

In the November number of the Annals of the American Academy 
of Political and Social Science there is an article by the Superin- 
tendent, Dr. Benjamin F. Shambaugh, on Commission Government 
in Iowa: The Des Moines Plan. The article has been reprinted by 
The State Historical Society of Iowa in the form of a neat pamphlet 
with a comprehensive index. 

Professor Laenas G. Weld, who since 1906 has been a Curator 
of The State Historical Society of Iowa, resigned during the sum- 



144 IOWA JOURNAL OF HISTORY AND POLITICS 



mer from his position of Head of the Department of Mathematics 
in the State University of Iowa, and accepted the presidency of the 
new Pullman Institution to be established in pursuance of the pro- 
visions of the will of the late George M. Pullman. 



NOTES AND COMMENT 

The annual convention of the League of Iowa Municipalities was 
held at Davenport, October 17-19, 1911. 

The twenty-second annual meeting of the Iowa Library Associa- 
tion was held at Mason City, October 10-12, 1911. 

The League of American Municipalities held its fifteenth annual 
convention at Atlanta, Georgia, October 4-6, 1911. 

The American Political Science Association held its annual meet- 
ing at Buffalo and Toronto, December 27-30, 1911. 

At the November elections in the State of Ohio delegates were 
elected to a Constitutional Convention which is to meet in January. 

At the present time the commission plan of city government is in 
operation in one hundred and sixty-one cities in thirty-two States. 

One of the most progressive systems of elections in force in Amer- 
ica has been provided for New Jersey by a recent act of the legisla- 
ture known as the Geran Law. 

The thirteenth annual meeting of the Iowa State Conference of 
Charities and Correction was held at Iowa City under the auspices 
of the State University of Iowa, November 19-21, 1911. 

Important laws on the subject of employers' liability and work- 
ingmen's compensation were enacted in New Hampshire, New 
Jersey, Ohio, Kansas, Washington, and California, during the legis- 
lative sessions of the past year. 

On December 15, 1911, historic Starved Rock on the Illinois River, 
the scene of Indian conflicts and early French exploits, passed into 
the ownership of the State of Illinois to be made into a State park. 
A tract of two hundred and ninety acres, embracing the historic 
site, was purchased by the State at a cost of one hundred and forty- 
six thousand dollars. 



145 



146 IOWA JOURNAL OF HISTORY AND POLITICS 



At the last session the legislature of Illinois extended the juris- 
diction of the civil service commission over practically all State 
offices, and established the merit system for the county offices of 
Cook County and a number of municipal offices in the city of Chi- 
cago. 

The American Society for Judicial Settlement of International 
Disputes held its national conference at Cincinnati, Ohio, on No- 
vember 7 and 8, 1911. Among the speakers were John Hays Ham- 
mond, James Brown Scott, Theodore Marburg, and John H. 
Latane. 

Under the auspices of the citizens of Tippecanoe County, Indiana, 
the one hundredth anniversary of the Battle of Tippecanoe was 
fittingly celebrated on November 7, 1911. There were exercises on 
the battle ground, consisting of a military parade, sham battle, 
music and addresses ; as well as a number of addresses in the even- 
ing at the Victoria Theater in the city of Lafayette. 

11 1 The President 's Commission on Economy and Efficiency ' ' is the 
name applied to the commission provided for by Congress for the 
purpose of making a thorough investigation of the business organ- 
ization, activities, and methods of the national government. The 
members of the commission are Frederick A. Cleveland, W. F. Wil- 
loughby, W. W. Warwick, Frank J. Goodnow, and Harvey S. Chase, 
with Merritt 0. Chance as Secretary. 

PUTNAM HISTORICAL LIBRARY 

One of the most valuable collections of western Americana and 
Iowana to be found in Iowa is the historical library left by the late 
W. C. Putnam of Davenport to the Davenport Academy of Science. 
This library, which contains about 1,500 volumes, has recently been 
installed in a room on the eighth floor of the new fire-proof Putnam 
building in Davenport, where it was exhibited to a number of peo- 
ple on November 28th. The library will remain in the present quar- 
ters until such time as it can be transferred to a fireproof building 
erected for the Academy of Science. It will be remembered that 
the late Mr. Putnam left a large sum of money in trust for the 
Academy. 



NOTES AND COMMENT 



147 



In the same room with the Putnam Library may be found a num- 
ber of relics and papers of the pioneer settler, Antoine Le Claire, 
together with newspapers and valuable documents relating to the 
early history of Davenport and vicinity. Mr. E. K. Putnam is di- 
recting the preparation of a catalogue of the entire collection, which 
will be open to the public at stated intervals. 

LEONARD F. PARKER 

Professor Leonard F. Parker died at his home in Grinnell on 
December 11, 1911. Professor Parker was born August 3, 1825, at 
China, New York. In 1851 he graduated from Oberlin College and 
in 1860 he became Principal of Grinnell College, then just opening- 
its doors. He represented Poweshiek County in the lower house of 
the legislature during the session of the Twelfth General Assembly. 
In 1870 he accepted a call to a position on the faculty of the State 
University of Iowa, and here he remained for seventeen years, first 
as Professor of Greek and Latin, and later as Professor of History, 
the field of study which had the strongest attractions for him. In 
1887 he returned to Grinnell College as Professor of History, re- 
tiring from active work in 1898. His influence was strongly felt, 
however, during his later years in the capacity of professor emer- 
itus. Throughout his life in Iowa, Professor Parker took a keen 
interest in local history. He was a valued member of The State 
Historical Society of Iowa, and he was the organizer of the Powe- 
shiek County Historical Society. Shortly before his death there 
appeared from the press a history of Poweshiek County, written by 
him. Professor Parker was a beloved teacher and a good citizen. 



CONTRIBUTOR 



Clifford Powell, General Assistant in The State Historical 
Society of Iowa. (See The Iowa Journal of History and 
Politics for January, 1911, p. 149.) 



THE STATE HISTORICAL SOCIETY OF IOWA 

Established by Law in the Year 1857 
,l Incorporated: 1867 and 1892 

I T Ii 0,0 A TED A T I O W A ' f W A 



H P. LOWE 
J. KIBKWOOD 
H. LEE 

! PENN CLARKE 



, FORMER PRESIDENTS ft" 

JAMES W. GRIMES, First President 

ROBERT HUTCHINSON GEORGE G. WRIGHT 
M. J. MOBSMAN JOSIAH L. PICKARD 

WILLIAM G. HAMMOND PETER A. DEY 



OFFICERS 



BENJAMIN P. SHAMBAUGH .Superintendent 

(JLJD SANDERS . . ; President 

PAUL A. KORAB J- k . .'. ; : ; V; Treasurer 

^PBANK E. HORACK Secretary 

HBB^I^^*i BOARD OF CURATORS ?-ff|fi 

Elected by the Society Appointed by the Governor 

Geo, W. Ball Arthur J. Cox Marsh W. Bailey Byron W. Newberry 

Ui W. Rich Marvin H. Dry M. P. Edwards A. C. Savage 

puoLm Sanders Henry G. Walker J. J. McConnell E. W. Stanton 

as G. Weld Henry Albert John T. Mopfitt W. H. Tedpord 
S. A. Swisher - J. B. Weaver, Jr. 



K*g V JrSgfflQ MEMBERSHIP '^Vft 

Any person may beeome a member of The State Historical Society op Iowa upon 

by the Board of Curators and the payment of an entrance fee of $3.00. 
Membership in this Society may be retained after the first year upon the payment of 
$3.00 annually. •' ":■ S\. ?-j , •(•>>' 

Members of the Society shall be entitled to receive the quarterly and all other publications 
of the Society during the continuance of their membership. 

Any public, school, or college library in the State of Iowa may be enrolled as a library 
member upon application and the payment of a fee of $1.00. Such library membership may be 
retained after the first year upon the payment of $1.00 annually. Libraries enrolled as library 
members of The State Historical Society op Iowa shall be entitled to receive the quarterly 
iiid all other publications of the Society issued during the period of their membership. 
■HWSf^i;';*;^ Address all Communications to 
BBH8HI*^{ff ' The State Historical Society Iowa City Iowa 



H|||p THE p ■ 

Iowa Journal 

istOiyandPoliticS 

V APRIL 1912 




Published Quarterly by 

mm HISTORICAL SOCIETY OF IOWA 

|J'f:'W ' ' Iowa City Iowev '. '^ 





V- h EDITOR • 7 j 






BENJAMIN F SHAMBAUGl|ffl 






- Assistant Editor, DAN E. CLARK 






Vol X 


APRIL 1912 §§ 


No 2 

i 



CONTENTS 



Lynehings in Iowa . v . Paul Walton Black 151 

■ 

Early Land Claims in Des Moines County . , • . 255 

The Sac and Fox Indians and the Treaty of 1842 iffli 



Some Publications 266 

Americana — General and Miscellaneous . - . 4\; [ .. . 274 

Western . . . . 282 

lowana . . . . :7' : §^W'ftft^ ;. "' , 2SS 

Historical Societies . . • <• •*< ?v 289 

Notes and Comment . . 7- • • • •", «. 7, 803 

Contributor I|p7 • • '77 - ' • • 1 1^7. . '3,09^ 



Copyright 1918 by The State Historical Society of Iowa 



THE IOWA JOURNAL OF HISTORY AND POLITICS 

Published Quabtebl ' : ' j : . 

$;lf»^-&l! AT IOWA OITY $\ 1 vISS 

SuBtotiPTioK Price*. « ii .00 Single Number : 50 Csirtyp 

j. AAA**** nil finmrnuniftntinnM tn I" "tip 



THE IOWA JOURNAL OF HI8TOEY AND POLITICS 

APRIL NINETEEN HUNDRED TWELVE 
VOLUME TEN NUMBER TWO 



VOL. X — 10 



LYNCHINGS IN IOWA 



INTKODUCTION" 

It is the purpose of this paper to present (1) a brief 
historical analysis of lynchings in Iowa, and (2) a chrono- 
logical list of lynchings accomplished by Iowa mobs from 
1834 to the present time. While the cases thns presented 
doubtless do not include every lynching which has occurred 
within the borders of Iowa it is believed that the list is ap- 
proximately complete. 

Lynch law is a distinctively American phenomenon which 
seems to have had its origin in the South during the latter 
part of the eighteenth century. 1 In other countries mobs 
have frequently gathered and done violence to persons and 
property, but seldom have these mobs performed correc- 
tional functions or administered summary punishment in 
the manner in which it has often been meted out in the 
United States under lynch law. 

In Iowa, as in other States, there has been an evolution 
in the meaning of the term lynching. In the early history 
of the State any extra-legal infliction of punishment or 
exercise of correctional power which resulted in personal 
injury to the victims was generally termed a lynching. But 
in the course of time the term has gradually been limited in 
the popular mind to cases of summary punishment by hang- 
ing until the victim is dead. On account of this change in 
the meaning of the term lynching it has been necessary to 
select a definition which is sufficiently comprehensive to be 
applicable throughout the entire period from 1834 to 1912. 

i Cutler's Lynch Law (1905), p. 39. 

151 



152 IOWA JOURNAL OF HISTORY AND POLITICS 



A definition which is to be found in a law passed by the 
legislature of Ohio in 1896 has been chosen. This definition, 
by which the writer has been governed in his choice of the 
cases of lynching which are described below, reads as fol- 
lows : 

Any collection of individuals assembled for any unlawful pur- 
pose intending to do damage or injury to anyone, or pretending to 
exercise correctional power over persons by violence, and without 
authority of law, shall for the purpose of this act be regarded as a 
"mob", and any act of violence exercised by them upon the body 
of any person, shall constitute a "lynching". 2 

The principal sources of information from which the 
facts embodied in this paper have been gathered are Iowa 
newspapers, histories of Iowa counties, and personal cor- 
respondence. The writer searched through approximately 
all of the existing files of newspapers published in the State 
from 1834 to 1860, after which time the search was confined 
largely to the complete files of the Iowa State Register, 
Burlington Hawk-Eye, and the Iowa City Republican. 
These newspaper files are to be found in the collections of 
the Historical Department of Iowa at Des Moines and of 
The State Historical Society of Iowa at Iowa City, and in 
the public libraries in various cities in eastern Iowa. Every 
available county history has been consulted. And finally, 
the writer has had correspondence with nearly three 
hundred persons in various parts of Iowa, and this cor- 
respondence in many cases furnished information otherwise 
unobtainable. 

The writer is indebted to a great many persons for assist- 
ance in the preparation of this paper, and to all such he 
hereby expresses his grateful acknowledgments. Especially 

2 Cutler's Lynch Law (1905), pp. 236, 237, where there is a quotation from 
92 Ohio Laws 136, and a reference to 93 Ohio Laws 161, sections 4426-4 to 
4426-14 of the Revised Statutes, and 93 Ohio Laws 411, sections 5908 of Title 
I, Part Fourth, Revised Statutes, Crimes and Offenses. 



LYNCHINGS IN IOWA 



153 



is the author indebted to Professor J. L. Gillin of the State 
University of Iowa and Professor F. I. Herriott of Drake 
University for advice and encouragement, and to Dr. Dan 
E. Clark for valuable suggestions in the revision of the 
manuscript for publication by The State Historical Society 
of Iowa. 

In many instances it was not possible to discover the 
names of the persons lynched; while frequently only the last 
name of the victim could be found. Blank spaces have 
therefore been left in the headings of the various cases in 
the chronological list to indicate that the names of the vic- 
tims are not known. Moreover, it was often impossible to 
determine the exact date of certain lynchings. In fact in a 
number of instances the date is so uncertain that several 
cases have been listed somewhat arbitrarily at the begin- 
ning of the chronological list. 

HISTOEICAL ANALYSIS OF LYNCHINGS IN IOWA 

June 1, 1833, may conveniently be taken as the date for 
the beginning of any study in Iowa history which has a dis- 
tinctly sociological bearing. On that day the famous Black 
Hawk Purchase, comprising a broad strip of land along the 
eastern border of Iowa, was opened up for white settle- 
ment. 3 Immigrants immediately began to pour into the 
newly opened country by three principal routes: the Ohio 
Eiver, the Great Lakes, and the overland route. Until the 
advent of the railroad, however, the Ohio River, with its 
far-reaching tributaries, was the principal avenue of ap- 
proach to the Iowa country. 4 

s Census of Iowa, 1905, p. xix; and Macy's Institutional Beginnings in a 
Western State (Johns Hopkins University Studies in Historical and Political 
Science, Second Series, VII ), p. 9. 

4 Census of Iowa, 1905, p. xix; Van der Zee's The Boads and Highways of 
Territorial Iowa in The Iowa Journal of History and Politics, Vol. Ill, 
No. 2, pp. 175-184; and Hulbert's Historic Highways of America, Vol. IX, 
pp. 9-11. 



154 IOWA JOURNAL OF HISTORY AND POLITICS 



The early immigrants to Iowa were typical pioneers who 
left their homes in the East and South in the hope of better- 
ing their economic condition or of escaping social pressure 
in the more settled regions. They were for the most part 
men who were accustomed to caring for themselves and 
protecting their own rights in true frontier fashion. As is 
well known a large proportion of the early settlers of Iowa 
came from the South 5 where the physical, economic, social, 
and judicial conditions had early given rise to the phenom- 
enon of lynching as a method of summary punishment for 
crime. 

The first settlers made their homes along rivers and 
smaller streams where wood and water were abundant, and 
they looked upon the open prairie as unfertile and unsuited 
to human habitation because it bore no trees. 6 But the 
wooded country was especially adapted to lawlessness and 
the settlers soon found their communities infested by bands 
of horse thieves and outlaws. Some method of putting an 
end to the frequent murders, robberies, and other crimes 
became imperative and the pioneers were practically forced 
to take matters into their own hands. 7 From 1821 to 1834 
there was no local or Territorial government in the Iowa 
country. The only laws which were in force were acts of 
Congress regulating the disposal of the public domain and 
the relations of the whites with the Indians. There were no 
courts nor officers of justice. 8 

s Salter's Iowa: The First Free State in the Louisiana Purchase, pp. 229, 230. 

6 Shimek's The Prairies (reprinted from Vol. VI, No. I, of the Bulletin from 
the Laboratories of Natural History of the State University of Iowa), p. 169. 

7 Herriott 's Whence Came the Pioneers of Iowa? in the Annals of Iowa 
(Third Series), Vol. VII, No. 5, pp. 375-377. 

s Salter's Iowa: The First Free State in the Louisiana Purchase, pp. 124-174; 
and Price 's The Trial and Execution of Patrick 'Conner at the Dubuque 
Mines in The Summer of 1834 in the Annals of Iowa (First Series), Vols. IV, 
No. 12, October, 1865, p. 566. 



LYNCHINGS IN IOWA 



155 



Thus it is perhaps natural that within one year after the 
Black Hawk Purchase was opened to settlement there were 
at least two lynchings in the Iowa country — the famous 
lynch law trial and hanging of Patrick O'Connor 9 for the 
murder of George O'Keaf in June, 1834, and the whipping 
of a man named Wheeler 10 sometime during the spring of 
the same year. These two methods of lynching — namely, 
hanging and whipping — have been the two methods most 
commonly employed by Iowa mobs. The hanging of 
O'Connor, however, is unique because of the calmness and 
deliberation which characterized the entire proceeding. 

In July, 1834, the settlers west of the Mississippi were 
placed under the jurisdiction of the Territory of Michigan 11 
and two years later the Iowa country became a part of the 
Territory of Wisconsin. 12 Local government was now es- 
tablished, but it was often weak and ineffective, and the 
people were still dependent to a great extent upon their 
vigilant committees and claim associations for protection 
against desperadoes and for the preservation of order. 
Consequently there were occasional instances of the admin- 
istration of summary justice as in the cases of the whipping 
of William Hoffman 13 for alleged theft in 1834 and the 
lynching of James Irwin 14 for claim jumping about 1838. 
The purpose in each case seems to have been to instil into 
the minds of outlaws and petty criminals the fear of swift 
and severe retribution for their misdeeds. 

The establishment of the Territory of Iowa in 1838 15 

9 See the case of Patrick O 'Connor below, p. 168. 

10 See the case of Wheeler below, p. 167. 

11 United States Statutes at Large, Vol. IV, p. 701. 

12 United States Statutes at Large, Vol. V, p. 10. 

13 See the case of William Hoffman below, p. 170. 

14 See the ease of James Irwin below, p. 171. 

15 United States Statutes at Large, Vol. V, pp. 235 ff . 



156 IOWA JOURNAL OF HISTORY AND POLITICS 



gave to the settlers more adequate local government and 
more numerous courts and officers of justice. But it also 
resulted in a rapid and steady increase in population and 
the number and frequency of lynchings increased accord- 
ingly. Counterfeiters and thieves infested the Territory 
and in numerous instances the inhabitants in various coun- 
ties took the law into their own hands to rid themselves of 
the outlaws. 

Thus in 1839 or 1840 two counterfeiters 16 were caught 
and whipped in Johnson County. On March 14, 1840, a man 
named Cleek 17 was whipped by a mob near Burlington. In 
the following month there occurred the so-called Bellevue 
War 18 by which the citizens of Jackson County rid them- 
selves of a well organized gang of horse thieves which had 
for some time been operating in eastern Iowa and western 
Illinois. Political quarrels led to violence, as is illustrated 
by the lynching of William Johnson 19 as the result of a dis- 
pute over the laying out of a county seat. Murder and 
claim jumping also led to mob retribution. In all, there 
appear to have been approximately eight cases of lynching 
during the eight years of the existence of the Territory of 
Iowa. 

Iowa was admitted into the Union on December 28, 1846. 20 
It would seem natural to expect that with the better organ- 
ization of both general and local government attendant 
upon statehood there should result a lessening in the num- 
ber of lynchings. But this was not the case, especially in 
the years between 1846 and the beginning of the Civil "War. 
During this period there was an influx of new population 

is See below, p. 171. 

17 See the case of Cleek below, p. 172. 

is See the case of John Long et al. below, pp. 172-175. 

io See the case of Col. William Johnson below, p. 175. 

20 United States Statutes at Large, Vol. IX, p. 117. 



LYNCHINGS IN IOWA 



157 



elements which tended to produce unsettled conditions. 21 
Thus, at least forty-five lynchings affecting more than sev- 
enty victims occurred during these fourteen years, the 
greatest numher happening in 1857, a year of panic and de- 
pression. Indeed, the year 1857 witnessed a larger number 
of lynchings in proportion to population than any other 
year in the history of Iowa since 1840, the ratio being thirty- 
seven lynchings to one million of population. 

The causes of lynchings during the period from 1846 to 
1860 were mainly economic and social in character. The 
hard times which came to a crisis in 1857 caused people to 
become more than ordinarily aroused over cases of theft, 
and as a matter of fact by far the greater number of the 
lynchings during this period were for horse stealing. The 
enormity of this crime in the eyes of frontiersmen is largely 
to be explained by the dependence of the pioneers upon 
their horses as a means of livelihood and transportation. 
To deprive a settler of his horses amounted in many cases 
to rendering him practically unable to earn a living. 

Two lynchings stand out clearly in this period because of 
the boldness of the mobs. In 1857 William B. Thomas, 22 
who was being tried for murder at Montezuma, was taken 
from the court room by a mob in broad daylight and hanged 
in the woods on the edge of town. Another instance in 
which the mob exhibited a similar spirit of boldness and 
recklessness is to be found in the lynching of John Kephart 
in Jefferson County on July 5, I860. 23 

During the decade from 1860 to 1870 lynchings naturally 
continued to be of frequent occurrence. In a majority of 
cases the causes were political in character, growing out of 
the questions involved in the Civil War. In the opening 

21 Census of Iowa, 1905, p. xxi. 

22 See the case of William B. Thomas below, p. 197. 

23 See the case of John Kephart below, p. 207. 



158 IOWA JOURNAL OF HISTORY AND POLITICS 



months the war seems to have attracted many of the restless 
spirits away from the State, with the result that mob vio- 
lence seldom occurred. But as the war progressed Copper- 
heads were much in evidence in Iowa, and feeling ran high 
upon the questions at issue between the North and the 
South. Consequently the expression of views upon the war 
and the methods of its prosecution frequently led to lynch- 
ings. 

Since 1870 there has been a gradual decrease in the num- 
ber of lynchings in Iowa, and although the cases have been 
fairly well distributed over the period there has been a 
natural tendency to cluster about the years of panic and 
depression. Perhaps the most famous lynching during the 
seventies was the hanging of Charles Howard 24 at Des 
Moines on December 15, 1874. Howard had been convicted 
of murder and was awaiting sentence when he was taken 
from the jail by a mob and hanged. It seems probable that 
the action of the mob in this case was partly due to the fact 
that the capital punishment law had been repealed in 1872, 25 
and there was a feeling that Howard would not receive the 
penalty his crime deserved. 

In 1883 and 1884 there were several lynchings. The peo- 
ple of certain sections of the State were at this time endeav- 
oring to rid themselves of the "Crooked Creek Gang", 26 
and to this end lynch law was frequently employed. It was 
at this time also that the noted desperadoes, the Barber 
brothers, 27 were making their raids in Iowa and Illinois, 
and were finally caught and lynched in Bremer County on 
June 8, 1883. Two years later came the lynching of the 
Jellerson murderers, C. B. Jellerson, John A. Smyth, and 

24 See the case of Charles Howard below, p. 229. 

25 Laws of Iowa, 1872, pp. 139, 140; 1878, pp. 150-153. 

26 See the ease of John Anderson and Frank Brown below, p. 233. 

27 See the case of William and Isaac Barber below, p. 235. 



LYNCHINGS IN IOWA 



159 



Joel J. Wilson, 28 in which the criminals were seized by a 
mob and shot in cold blood, much as an infuriated animal 
would destroy its enemy. No less marked for its exhibition 
of fury was the lynching of the Rainsbargers 29 in Hardin 
County during the same year. Both cases indicate an 
aroused public sentiment, a feeling of dissatisfaction with 
the delay and uncertainties of judicial proceedings, and a 
determination to inspire terror among wrongdoers by a 
few striking examples of sure retribution. 

The most prominent lynching in Iowa in recent years was 
the hanging of James Cullen 30 at Charles City on January 
9, 1907. Resentment at the outcome of the famous Busse 
case was assigned as one of the chief motives which in- 
fluenced the mob in its action in this instance. The helpless- 
ness of the law in dealing with lynchers when public sym- 
pathy is strongly with the mob is illustrated in the Cullen 
affair as well as in the lynching of E. H. Rockwell at Farm- 
ington on January 17, 1908, which is the last lynching that 
has occurred in Iowa. 

According to the definition adopted in this paper a total 
of at least one hundred and sixty-one lynchings involving as 
many as two hundred and sixteen victims have occurred in 
Iowa since 1834. Doubtless there are other cases which 
have not been discovered in the course of this investigation. 
The number of victims, especially, is only approximate, 
since in some cases the data failed to furnish the exact num- 
ber of the victims of a particular lynching. Viewing the 
period as a whole the lynchings have been very unevenly 
distributed. A chart by years would show that mob action 
of this character has tended to occur most frequently during 
periods of panic and depression. 

28 See the ease of Jellerson, Smyth, and Wilson below, p. 240. 

29 See the case of Finley and Emmanuel Eainsbarger below, p. 241. 
so See the case of James Cullen below, p. 252. 



160 IOWA JOURNAL OF HISTORY AND POLITICS 



A classification of the kinds or types of lynchings reveals 
the following types, arranged in the order in which they 
have most frequently occurred: hanging until dead, whip- 
ping, stretching by the neck or thumbs, tarring and feather- 
ing, shooting to death, assaulting, banishing, shooting and 
wounding, egging, putting to death by various means not 
already mentioned, drowning, and ducking. Thus hanging 
until dead has been the predominant method of lynching, 
while whipping has been second in frequency. 

The causes of lynchings fall into two classes : direct and 
indirect. The direct causes include the specific acts of the 
victim which occasioned the lynching. Thus, a study of the 
cases of lynchings in Iowa reveals the following direct 
causes, arranged in the order of the frequency of their 
operation: horse stealing, murder, theft, claim jumping, 
rape, adultery, speaking against Lincoln and the Union, 
copperheadism, timber stealing, seizing of liquor, affinity, 
speaking against the government, robbery, arson, assault, 
ill-treatment of family, spying, speaking against established 
religious ideas, counterfeiting, usurpation of office, inform- 
ing, incest, keeping a house of ill fame, slander, speaking 
against Union soldiers, indebtedness, seducing, kidnapping, 
jealousy, race prejudice, and refusal to support family. 
This long list of causes would be greatly simplified if a 
classification based upon legal terms were to be adopted, 
and it would be found that theft in its various forms has 
been the most frequent direct cause of lynchings in Iowa. 

The indirect causes are less tangible and include such 
physical, economic, social, political, and judicial conditions 
as have been especially conducive to lynchings. As has 
already been suggested a majority of the early settlers of 
Iowa came from regions where the arm of the law was weak 
and where summary proceedings by the people themselves 
was often the only means of bringing criminals to justice 



LYNCHINGS IN IOWA 



161 



and of preserving order. Consequently when they came to 
Iowa and found similar conditions prevailing for many 
years, the settlers drew upon their past experiences, with 
the result that lynchings frequently occurred. 

It would seem, also, that the physical environment of the 
early settlements in Iowa was potentially favorable to 
lynching. The pioneers first settled in the woodlands along 
streams, and a study of lynchings in Iowa reveals the fact 
that the phenomenon has most frequently occurred in 
wooded regions. That this is true is due of course largely 
to the fact that certain crimes, such as theft, are more 
easily accomplished and hence more prevalent in timbered 
country. Since theft of one kind or another has been the 
most common direct cause of lynchings in Iowa, and since 
the forest furnishes both the cover and the means desired 
by most lynching mobs, it is natural to find that a large 
majority of the lynchings in Iowa have occurred in the 
wooded sections of the State. 

Climatic conditions likewise appear to have influenced 
mob action. A statistical study of lynchings in Iowa ac- 
cording to the time of year in which they occurred reveals 
the fact that lynchings have been most numerous in the hot 
months of summer, especially in June and July. It is well 
known that crimes tend to increase in number with the rise 
in the temperature, and it is therefore natural that the 
number of lynchings should vary accordingly. Hot weather 
seems to produce an irritability which bursts out in violent 
action at offenses which in cooler seasons would be left to 
the calmer course of legal procedure for punishment. 

Turning from physical environment and the influences of 
climate, it is evident that economic conditions have in many 
instances been the indirect causes of lynchings. It has been 
pointed out that lynchings have occurred most frequently 
during periods of panic or hard times. At such times theft 



162 IOWA JOURNAL OF HISTORY AND POLITICS 



is especially apt to lead to mob violence, for the loss of 
property is more keenly felt than in periods of prosperity. 

Moreover, judging from the data secured it would seem 
that industrial life has had an indirect effect in determining 
the time of a majority of the lynchings. That is, from a 
study of the cases it will be found that lynchings have tend- 
ed to increase in frequency with the advance of the week, 
the largest number occurring on Saturday. It is possible 
that the explanation lies in the fact that toward the end of 
the week people grow weary with the week's labor and are 
more irritable and more easily excited to violence. Further- 
more, the last of the week brings release from toil and on 
Saturday afternoons and evenings people throng the 
streets of the towns, thus making the gathering of mobs a 
comparatively easy matter. 

Finally, it may be asserted with reasonable confidence 
that the effectiveness or ineffectiveness of the judicial sys- 
tem and the enforcement of law during any given period 
has indirectly affected the number of lynchings. There 
have been notable exceptions, but in general the frequency 
of lynchings has gradually decreased as the courts have 
proven to be increasingly capable of administering the law. 
In many cases it is quite evident that the delay and un- 
certainty of judicial proceedings were indirectly respon- 
sible for mob action. 

A study of the victims of lynchings in Iowa reveals the 
fact that fully eighty per cent of them may be classed as 
either professional, instinctive, or occasional criminals. Of 
the remaining twenty per cent a number were innocent of 
the crimes or offenses for which they were lynched, while 
others were lynched for acts or utterances which for some 
reason aroused the anger of the mob, but which were not 
criminal in character. 

It should be said in this connection that in addition to the 



LYNCHINGS IN IOWA 



163 



lynchings discussed in this paper data was found concern- 
ing nearly seventy unsuccessful attempts at lynchings. 
These attempts vary in character from slight demonstra- 
tions on the part of the mob to the violent expression of 
determination to accomplish its purpose. The first type is 
illustrated by a public demonstration against James Madi- 
son Kibben of Mt. Pleasant on account of an alleged state- 
ment made at the time of the death of Abraham Lincoln. 
An example of the type at the opposite extreme is to be 
found in the mob at Indianola on November 12, 1877, which 
for hours stormed the door of the jail in an attempt to 
reach Eeuben Proctor, who had assaulted and fatally in- 
jured Miss Augusta Cading. These unsuccessful attempts, 
however, illustrate practically the same principles of causa- 
tion and the same methods which have already been dis- 
cussed in connection with the lynchings. 

In conclusion it may be said that the solution of the prob- 
lem of lynching is to be found largely through the better- 
ment of the conditions which are conducive to the occurrence 
of this phenomenon. The disappearance of lynching as a 
means of punishment for crime will probably be hastened 
by the abolition of exasperating delays, technicalities, and 
uncertainties in the operation of the courts. No one remedy 
can be named that will solve the problem of lynchings, since 
the causes are many and far reaching. While artificial 
means may be used to hasten the elimination of lynch law 
the final solution will lie in the evolution of the character of 
the people themselves. 

CASES OP LYNCHINGS IN IOWA CHEONOLOGICALLY AEEANGED 

Leek, Dubuque County. — Some time during the 

early period of the lead mining at Dubuque a man named 
Leek stole a large canoe from Thomas McCraney, loaded it 
with lead, which lay in stacks near the river, and floated it 



164 IOWA JOURNAL OF HISTORY AND POLITICS 



down the Mississippi to Rock Island where he sold it. The 
theft was soon discovered and search was made for the 
offender. He was caught at Rock Island and brought back 
to Dubuque where he was immediately tried in lynch court. 
Being found guilty he was sentenced to thirty-nine lashes. 
The sentence was executed by Sheriff Enoch. During the 
administration of the punishment the victim was given oc- 
casional drinks of brandy. The man was tied securely to a 
black-jack tree near the present home of Judge Dyer in 
Dubuque County. After the lynching Leek was sent across 
the river with the promise of a double punishment if he 
should ever return. 31 

Jack Hinter, Polk County. — Several thefts occurred in 
the early history of Polk County, and as time went on cir- 
cumstantial evidence pointed toward Jack Hinter as the 
offender. He was arrested and brought before the Justice 
of the Peace, F. R. Prentice, but he was not found guilty. 
Upon his release, a mob of farmers seized him and took him 
to Four Mile Township for a trial in lynch court. Here 
prominent men of the community appeared, some in his de- 
fense and others for his prosecution. Those who appeared 
in his defense soon found that the mob was not reasonable 
in dealing with Hinter and thereupon they left him to his 
fate. Those who remained with the victim that night never 
related what was done, but no one saw Jack Hinter again. 
Many stories arose as to the manner of his disappearance, 
but what became of him can not be determined with cer- 
tainty. 32 

Ecklor, Grundy County. — Mr. George Nelson 

"had in his custody at one time years ago a man by the 

si Langworthy 's Dubuque: Its History, Mines, Indian Legends, etc. in The 
Iowa Journal of History and Politics, Vol. VIII, p. 391. 

32 Porter's Annals of Polk County, Iowa, and City of Des Moines (1898), pp. 
525-529. 



LYNCHINGS IN IOWA 



165 



name of Ecklor who was taken from him by a mob and 
lynched. Ecklor would have died had he not received re- 
lief." 33 

and , Poweshiek County. — 

During the time when horse thieves and counterfeiters in- 
fested Iowa, probably prior to 1845, 6 'The Fox and Long 
Gang" had as their resort an old log cabin a few miles 
north of Montezuma. Eumors that this cabin was used as 
their resort became so prevalent that the grove surround- 
ing it was named " Bogus Grove". The community felt 
that the gang was organized and that the only way to rid 
themselves of the desperadoes was to organize a mob and 
drive them out. Accordingly a mass meeting was called 
and as a result one of the gang was caught, " tried by a self- 
constituted jury, condemned and shot the same day." A 
short time afterwards another outlaw was captured and 
shot. This action served to break up the resort and the 
gang left the country. 34 

Wilcox, Jackson County. — The Iron Hills Vigil- 
ance Committee in Jackson County did a great deal of work 
in the early days to rid Iowa of lawless bands, and some- 
times the infliction of punishment was extended to others 
than those regularly connected with the outlaws. One man 
by the name of Wilcox became indecent in his conduct and 
speech concerning the married women of the community, 
and for his imprudence he received a visitation of the Vigil- 
ance Committee. The committee secured chicken feathers 
of a boy across the North Fork who hid them near the home 
of John Hute. After dark on the same day the committee 
gathered by twos and threes. One party larger than the 
others had brought Wilcox with them. 

33 Correspondence of the writer. 

34 The History of Poweshiek County, Iowa (Union Historical Company, Des 
Moines, 1880), p. 450. 

VOL. X — 11 



166 IOWA JOURNAL OF HISTORY AND POLITICS 



Wilcox was allowed to plead his case, but all pleas proved 
unavailing. He was stripped of his clothing by the mob 
and covered with a good coat of tar and feathers. There- 
upon the committee ordered him to leave the country never 
to return, and then departed, leaving their victim in a sorry 
plight. 35 

, Polk County. — Horse stealing had been 

prevalent in Polk County for some time and finally a sus- 
pected horse thief was arrested in Mitchellville. Constable 
Harry Simmons (or Simons) was sent to bring the man to 
Des Moines, but when he had returned as far as the fair 
grounds a party of men seized the prisoner, placed a sack 
over his head and hanged him up to a tree three or four 
times to induce him to confess to the crime. This had the 
desired effect and when the mob had obtained the confession 
they turned the prisoner over again to the constable and 
departed. 36 

Lucias H. Seely, Washington County. — No little stealing 
of horses and cattle had been carried on in Washington 
County in the early days and it was generally believed in 
the community that Lucias H. Seely was at the head of the 
gang of thieves. One night about nine o'clock a mob caught 
Seely and took him to the woods near Brighton and shot 
him to death. The mob action was so secret as to avoid any 
attempts to punish the participants. 37 

, Boone County. — Parts of Boone County 

are very rough and covered with timber, and deep gullies 
open into the Des Moines Eiver. In the early history of the 
county certain localities along the river became the hiding 

35 Ellis's More about the Iron Kills Vigilantes in the Annals of Jackson 
County, Iowa, No. 3, 1906, p. 28. 

so Boone Daily News, Vol. XVI, No. 92, Tuesday, April 19, 1904. 
37 Correspondence of the writer. 



LYNCHINGS IN IOWA 



167 



places of a band of thieves. One day a miller began the 
erection of a mill in the vicinity of the gang's quarters, but 
no sooner had he begun than he received orders to get out 
of the country. The miller paid little attention to the warn- 
ing until one day when he was passing along a ravine a bul- 
let from an unseen assailant not only cut off some of his 
beard, but plowed a furrow in his flesh. He was thus forc- 
ibly reminded of the warning and as fast as he could he fled 
from the country and was not seen in that region again. 38 

, Dubuque County. — A man, whose name is 

not known, living in Dubuque prior to the establishment of 
the regular courts, was known in the community as one who 
frequently beat his wife. One day a mob of citizens caught 
him and after giving him a good coat of tar and feathers, 
sent him across the river into Illinois. 39 

and , Fremont County. — 

Three men were caught in Fremont County with stolen 
horses. One of them was shot by a citizen, and the other two 
were tried by a court of farmers in McKissick's 40 Grove 
and sentenced to be shot. Their graves were dug and the 
coffins placed near by before the execution of the sentence. 41 

Wheeler, Dubuque County, spring of 1834. — In 

the spring of 1834 an insane man was given into the charge 
of a Mr. Wheeler to be conducted to his father in Missouri. 
When Wheeler returned a false charge was made against 
him in which it was claimed that he had betrayed his trust 
and had appropriated the money raised and given into his 

38 The Register and Leader (Des Moines), Vol. LX, No. 52, Sunday, August 
22, 1909. 

39 Langworthy's Dubuque: Its History, Mines, Indian Legends, etc. in The 
Iowa Jouenal of History and Politics, Vol. VIII, p. 392. 

40 Maps of early Iowa differ as to the spelling of this name. One gives it as 
MeKissics Grove while another gives McKissick's Grove. 

41 Correspondence of the writer. 



168 IOWA JOURNAL OF HISTORY AND POLITICS 



hands for the expenses of the transportation of the insane 
man. It was also said that he had left the insane man desti- 
tute in a wood-yard in Missouri. In a lynch court Wheeler 
was tarred and feathered and drummed out of town. A few 
days afterward the citizens of Dubuque received letters of 
thanks from the insane man's parents, stating that they ap- 
preciated the interest taken in his safe return. Wheeler's 
innocence was established too late, however, as he had left 
the country. 42 

Patrick O'Connor, Dubuque County, June 20, 1834. — 
Patrick O'Connor 43 was born in County Cork, Ireland, in 
1797, and came to the United States in 1826. Arriving in Ga- 
lena, Illinois, in 1832 he began work in the mines. He had 
been there only a short time when an accident occurred ne- 
cessitating the amputation of one leg. This misfortune not 
only made him an object of charity, but affected him in such 
a way as to make him very irritable. His morose disposi- 
tion soon caused his friends to withdraw their charity, and 
as a result O'Connor became even more morbid. He is 
said to have set fire to his own cabin in a vain attempt to 
draw back the sympathies of the people, but he was exposed 
by John Brophy, a merchant of Galena. O'Connor at- 
tempted to secure revenge by shooting at Brophy one even- 
ing with the evident intent to kill him, but the bullet missed 
the mark. Being threatened with lynching in Galena, he 
fled to the Dubuque mines and went into partnership with 
George O'Keaf. 

On May 19, 1834, O'Keaf went to Dubuque to purchase 
provisions and returned about two o'clock in the afternoon 
accompanied by a friend. They found the door locked and 
when O'Connor was asked to open it he replied that he 

42 Price's Dubuque in Early Times in the Annals of Iowa (First Series), Vols. 
I-V, No. 12, October, 1865, pp. 541, 542. 

43 In some accounts the name is spelled O 'Conner. 



LYNCHINGS IN IOWA 169 

would when he got ready. O'Keaf tried to break in and 
was shot by O'Connor. A large mob of miners assembled 
and found O'Connor insolent. He would have been lynched 
at once had not some of the leaders persuaded the mob to 
desist. 

'Connor was taken to Dubuque where he stood trial in a 
more or less formal manner on May 20, 1834. He was given 
a chance to defend himself and was allowed to select his 
counsel and his own jury. Captain Bates was named to 
defend him, and Woodbury Massey, Hosea L. Camp, John 
McKensie, Milo H. Prentice, James Smith, Jesse M. Har- 
rison, Thomas McCabe, Nicholas Carrol, John S. Smith, 
and Antoine Loire, with two others whose names were not 
found, were named as jurors. O'Connor denied that the 
mob had the power to try him, but the trial proceeded nev- 
ertheless. After a few witnesses had been examined 'Con- 
nor was convicted and sentenced to be hanged. This 
sentence was to be executed on June 20, 1834, at one o 'clock 
in the afternoon. 

The jury that tried O'Connor was composed of six Amer- 
icans, three Irishmen, one Scotchman, one Englishman, and 
one Frenchman. Probably as many as one thousand people 
witnessed the trial. 

Eumors were circulated to the effect that a mob intended 
to rescue O'Connor on the day set for his execution. To 
prevent this preparations were made to have a strong guard 
at the execution. About one hundred and sixty-three armed 
men stood guard over O'Connor, with Loring Wheeler as 
captain, and Ezra Madden, Woodbury Massey, Thomas R. 
Brasher, John Smith, and Milo H. Prentice as marshals of 
the day. Two steamers on the river stopped while their 
occupants witnessed the execution, so the gathering was 
probably very large. 

O'Connor was brought from his confinement, the irons 



f 



170 IOWA JOURNAL OF HISTORY AND POLITICS 



which had been placed on him after his conviction were 
broken, and with great ceremony he was driven to the 
monnd of his execution. His grave, coffin, and attire had 
all been prepared beforehand and as they drove Eev. Fitz- 
maurice served him in his preparation for death. The pris- 
oner was driven under the gallows, beneath which was his 
open grave, and with religious ceremony he was executed. 

Some practical results were obtained by this lynching. It 
caused many outlaws to leave the vicinity of Dubuque lest 
they too might suffer at the hands of a lynch court. 44 

William Hoffman, Dubuque County, July, 1834. — Some 
of the lynchings that occurred at the Dubuque mines were 
very unjust, little investigation being made relative to the 
prisoner's guilt. One of those unjustly lynched was Wil- 
liam Hoffman, an old soldier of about fifty years of age, 
who had been accused of appropriating a twenty dollar 
bank note belonging to his friend. It was in the month of 
July and when the accusation was made by the supposedly 
injured man, also an old soldier and a native of Ireland, a 
large mob gathered near Thomas Brasher 's blacksmith shop 
to settle the matter. Hoffman and his accuser had been 
friends and one night when the latter was drunk Hoffman 
had been requested to take care of his money, which he will- 
ingly did. When the Irishman became sober he accused 
Hoffman of keeping the money, which Hoffman denied. 

44 Parvin 's The Early Bar of Iowa in the Historical Lectures upon Early 
Leaders in the Professions of Iowa (State Historical Society, Iowa City, Iowa, 
1894), pp. 71, 72; Sabin's The Making of Iowa, pp. 19, 20; Salter's Iowa: 
The First Free State in the Louisiana Purchase, p. 173; Mills's Story of the 
Earliest Hanging in Iowa in The Register and Leader (Des Moines), Vol. LXI, 
No. 86, Sunday, September 25, 1910; Tuttle and Durrie's An Illustrated His- 
tory of The State of Iowa (1876), p. 87; Price's The Trial and Execution of 
Patrick 'Conner at the Dubuque Mines in the Summer of 1834 in the Annals 
of Iowa (First Series), Vols. I-V, No. 12, October, 1865, pp. 566-574; and 
Macy's Institutional Beginnings in a Western State in the Annals of Iowa 
(Third Series), Vol. Ill, Nos. 5 and 6, pp. 323, 324. 



LYNCHINGS IN IOWA 



171 



The mob took the matter in charge and at first it seemed 
as though they would attempt to give justice, but proceed- 
ings became irregular and finally the mob rushed upon Hoff- 
man, tied him to the wheel of a wagon, and began to lay on 
the lash. Under such treatment Hoffman fainted, but still 
the mob was relentless and there were cries of "Give him 
another five". At this point the accuser found the bank- 
note and came, begging the mob to cease and telling them 
that he had found the lost money. Hoffman was loosed by 
a fellow Kentuckian and he left the community at once. 
During the infliction of the whipping Hoffman plead with 
the mob for mercy, telling them that he was a Kentuckian 
and an old soldier. Since there were many southerners 
present the plea had its effect and the whipping was less 
severe. 45 

James Irivin, Louisa County, about 1838. — James Irwin, 
an Irishman, was accused of claim jumping and about 1838 
a mob gave him a severe whipping. 46 

: and , Johnson County, about 

1839 or 1840.— About 1839 or 1840 two men stopped at the 
Gilbert trading house south of Iowa City, and passed a 
counterfeit bill for their dinners. They had passed another 
bill to a man at " Wapsenonac" that same morning. It was 
soon discovered and search parties went in pursuit. The 
two men were caught in Washington County and brought 
back to Judge Harris's house. A long search finally re- 
sulted in the discovery of a roll of counterfeit bills in the 
saddle pads on one of the horses. "Word was sent to all 
the houses in the settlement, to meet there at a certain 
hour, ' sharp \ About thirty of the hardy settlers met at 
the Judge's house, and organized a court. After all the 

4 5 Price's Lynch Law at the Dubuque Mines in the Annals of Iowa (First 
Series), Vol. IX, No. 2, April, 1871, pp. 485-490. 

4 6 Correspondence of the writer. 



172 IOWA JOURNAL OF HISTORY AND POLITICS 



evidence was heard, the court decided that the smaller one 
of the two in whose saddle the money was found, should 
receive fifteen lashes with the cowhide on the bare back, and 
the other should receive ten lashes without removing his 
shirt. Wm. Devault was the man appointed to perform the 
flagellation, which he did in such a manner that God grant 
I may never witness another.'' 47 

Cleek, Des Moines County, March 14, 1840. — 

Among the early land-seekers in Des Moines County was a 
man named Cleek. He came to Burlington in March, 1840, 
with plenty of money with which to buy land. It became 
known that he carried a full purse and one night when he 
was at the notorious Exchange a gang of its frequenters 
planned to get the money. They suggested to Cleek that 
they all go up town and play billiards, which was consented 
to, but instead of stopping at the Tontine, they passed on 
and before Cleek hardly realized where he was, they had 
reached the woods outside the town. The gang then ac- 
cused Cleek of stealing ten dollars from his landlady. They 
demanded that he confess to the crime and deliver up the 
money. Cleek denied the charge. One of the gang, Andrew 
Jackson, who had been his partner in gambling that night, 
removed Cleek 's coat and placed it on a stump some dis- 
tance away. Cleek was then pushed to a tree where he was 
tied and whipped with heavy clubs in a vain attempt to in- 
duce him to confess. He finally offered his tormentors ten 
dollars and they allowed him to go free. It is thought that 
during the whipping or when the coat was taken to the 
stump, the pockets were rifled, for Cleek was relieved of one 
hundred dollars that night. 48 

John Long, Aaron Long, Richard Baxter, Granville 

47 History of Johnson County, Iowa (Iowa City, 1883), pp. 211, 212. 
^Ilawlc-Eye and Iowa Patriot (Burlington), Vol. I, No. 42, Thursday, 
March 19, 1840. 



LYNCHINGS IN IOWA 



173 



Young, Birch, Chichester, and seven others, 

Jackson County, April 2, 1840. — Prior to 1840 Bellevue was 
the headquarters of a gang of outlaws that gave Iowa, "Wis- 
consin, Illinois, and Missouri much trouble. W. W. Brown 
is said to have been the leader of the gang at Bellevue. 
Political rivalry grew up between him and Col. Thomas 
Cox, a Kentuckian, and in this rivalry can be found the main 
reasons which brought about the Bellevue war and subse- 
quent lynching. 

One event after another came in rapid succession in 1840 
to bring on the war. James Mitchell killed James Thomp- 
son in January and a little later the contest between the 
citizens and the gang grew so heated that warrants were 
made out for the arrest of Brown and his friends by Justice 
of the Peace Harris, who lived near Fulton. These war- 
rants were given into the hands of Sheriff William A. War- 
ren to execute. 

Thomas Cox went about the country raising volunteers 
to aid in getting rid of the gang and by April 1, 1840, a large 
mob had collected in Bellevue to witness the arrest of the 
gang and render assistance, if need be, in getting them out 
of town. Those who refused Cox's call for aid were de- 
clared to be "marked men'' and thus it would seem that no 
little intimidation was employed to collect the mob. WTien 
once the farmers were in Bellevue, liquor was brought 
forth in the store of J. K. Moss and the crowd became un- 
manageable. 

Brown saw the attitude of the people and when Warren 
came with the warrants he resisted the arrest. Several at- 
tempts were made to induce Brown and his gang to sur- 
render peacefully, but Brown knew that the attitude of the 
mob was against him and he therefore determined to make 
a desperate fight of it if they persisted in attempting to 
capture him. 



174 IOWA JOURNAL OF HISTORY AND POLITICS 



Brown's force was barricaded in Brown's Hotel, and in 
order to capture it the members of the mob were obliged to 
arm themselves and move npon the hotel in military fashion. 
Firing opened when the advance was made by the armed 
mob and before it ceased four men were killed and seven 
wonnded among the mob, and three killed and several 
wonnded among the gang. Six of the gang escaped and 
thirteen were captnred. Brown was among the dead. It 
was such a bloody affair that the mob was highly wrought 
up and those who were captured were in danger of imme- 
diate death. 

It was finally decided that the mob should disperse and 
meet again on the following morning at ten o'clock, and that 
the prisoners should then be given a trial. Accordingly a 
large number of people collected on April 2, 1840, to witness 
the proceedings. After a long and heated discussion the 
question of conviction and punishment was put to the mob. 
A ballot was taken in which white beans were cast by those 
in favor of hanging and red beans by those in favor of 
whipping. When the beans were counted it was found that 
there were forty-two red and thirty-eight white beans. A 
motion was then passed to make the vote unanimous in fa- 
vor of whipping. Accordingly, John Long, Aaron Long, 
Eichard Baxter, Granville Young, Birch, Chi- 
chester, and the seven other prisoners were each given from 
four to thirty-nine lashes and placed in a boat with pro- 
visions for three days and started down the Mississippi. 
Strict orders were given to them never to return under 
penalty of death. 

In the spring term of the district court the acts of the 
mob were investigated and it was declared that the Bellevue 
war was legal, but that the lynching which followed was il- 
legal. Moral support, however, was given to the lynching 
and nothing was ever done to the participants. Many of the 



LYNCHINGS IN IOWA 



175 



men who were in the mob afterwards became prominent in 
the State. 49 

, Johnson County, September 4, 1841. — 

"Lynching has become so frequent of late throughout the 
country that on Saturday night last four or five ruffians 
applied the law to an unoffending individual, who, through 
some means became indebted, and this method was resorted 
to, to obtain their dues. He was beaten and drubbed in a 
shameful manner. Such conduct should never be tolerated 
in a civilized community. Those implicated were brought 
to justice and tried; all of whom obtained the required se- 
curity to appear at the next term of the District Court." 50 

William Johnson, Jackson County, March, 1843. — Even 
after the Bellevue war Brown's Hotel in Bellevue was fre- 
quented by reckless characters among whom was William 
Bennett. About 1843 Bennett began to plan towns in the 
new country and met with competition in Colonel William 
Johnson who came from Canada that same year. Jealousy 
and animosity developed between Bennett and Johnson over 
the fact that they both wanted to lay out a county seat in 
the same place. The place decided upon for the site of the 
town is the present location of Quasqueton. Bennett gath- 
ered a gang of his friends together, and going to Johnson's 

49 Snyder's History of Jackson County, Iowa in the Annals of Iowa (First 
Series), Vol. VII, No. 2, April, 1869, pp. 187-190; The History of Jackson 
County, Iowa (Western Historical Company, Chicago, 1879), pp. 356-403; El- 
lis's Another Old Pioneer Gives Something of Interest in the Annals of Jackson 
County, Iowa, No. 2, 1906, pp. 77-84; Beid's The Bellevue War — A Eeview in 
the Annals of Jackson County, Iowa, No. 2, 1906, pp. 84-92; Ellis's A. H. 
Wilson on the Bellevue War in the Annals of Jackson County, Iowa, No. 2, 1906, 
pp. 95, 96; Seeley's (Farmer Buckhorn's) The Country's Territorial Pioneers: 
Shadarac Burleson and Some of the Incidents of His Life in the Annals of 
Jackson County, Iowa, No. 2, 1906, pp. 51-76; Eeid's Thomas Cox, pp. 122-167; 
Gue's History of Iowa, Vol. I, pp. 331-335; Hawk-Eye and Iowa Patriot (Bur- 
lington), Vol. I, No. 45, Thursday, April 9, 1840; and The History of Polk 
County, Iowa (Union Historical Company, Des Moines, 1880), p. 147. 

so The Iowa City Standard, Vol. I, No. 41, Friday, September 10, 1841. 



176 IOWA JOURNAL OF HISTORY AND POLITICS 



home proceeded to lynch him. His possessions were loaded 
on a wagon and he was taken to the woods, tied to a tree and 
given a good flogging. He was then ordered out of the 
country. 

Johnson swore out warrants for the arrest of Bennett, 
and in an attempt to resist the arrest Bennett and his gang 
were driven out into the prairie. As a result they were 
badly frozen and a number even lost their lives. 

Johnson was forced to leave Jackson County, and he fled 
to Mahaska County where he was killed as a result of trou- 
ble which arose over the marriage of his daughter. Some 
writers, however, think that there is a possibility that Ben- 
nett and his gang followed Johnson and killed him, leaving 
the impression that the murder was a result of the trouble 
arising between him and his son-in-law. 51 

Brown and Harrison Haines, Johnson County, 

May 1, 1843. — The citizens of Iowa City and vicinity ex- 
perienced a great deal of inconvenience on account of petty 
thefts which occurred in the winter of 1842-1843. Finally 
a mulatto named Brown was arrested and after some time a 
confession was forced from him which implicated a man 
named Haines. A scheme was arranged by which it was 
hoped that a confession could also be extracted from Haines. 
Brown had a white woman as a wife and she was persuaded 
that if she would aid in securing a confession from Haines 
it would aid Brown, her husband, in getting out of the af- 
fair. It was planned that Haines should be brought to Mrs. 
Brown's home on pretense of aiding Brown to escape. In 
the meantime a gang of men consisting of John B. Adams, 
Samuel C. Trowbridge, Dr. Henry, St. G. Coe, and Malcom 
Murray, brought Brown from the jail, having made an 
agreement with the sheriff, Walter Butler, and the jailor, 

The History of Jaclcson County, Iowa (Western Historical Company, Chi- 
cago, 1879), pp. 368-371. 



LYNCHINGS IN IOWA 



177 



Elisha Pierson, to feign they were asleep while they took 
the prisoner. 

When Brown was brought home he was put in a room to 
await the arrival of Haines. Haines was then sent for, while 
Adams and Trowbridge secreted themselves under the bed. 
The others remained in the adjoining room. "When Haines 
arrived Brown played his part well, telling Haines he want- 
ed to get out of the country and he needed some money. 
Brown suggested that Haines get some money for him from 
the gang which had helped in the stealing that they had done 
not long since. Haines promised to do so, confessing also 
that he had sold some of the stolen meat, but was out of 
money at that time. 

At this point the men under the bed seized Haines and 
took him to jail. Both Brown and Haines broke jail later, 
and the rest of the gang, including a brother of Haines 
called " Horse Haines' a man named Guyton, and one oth- 
er, fled from the country when they heard of the evidence 
against them. 52 

Walsworth, Lee County, 1846. — About 1846 Mr. 

Walsworth and Mr. Melancthon Knight were the propri- 
etors of a wharf -boat at Montrose. After a time a disagree- 
ment arose between them. One morning a trail of blood 
was found leading from the front door of a certain barroom 
to the outer guard on the river side of the boat. Knight was 
missing and his hat was found in the blood behind the bar. 
Suspicion fell upon Walsworth at once, and a cry was set 
up to hang him. At four o'clock that afternoon when a 
packet came from St. Louis, a young fellow from Rat Row, 
Keokuk, with a reputation for lying, got off and told the 
people that he had seen Melancthon Knight floating down 
the river hatless. Thereupon the excitement grew intense. 

52 History of Johnson County, Iowa (Iowa City, 1883), pp. 213-215. 



178 IOWA JOURNAL OF HISTORY AND POLITICS 



Dan Hine, Charlie Moore, and others threatened to whip 
the informant if he did not give a true story about the af- 
fair. He then denied having seen Knight. Being dissatis- 
fied, however, John Knight and James Mackley boarded the 
boat, journeyed down the river, and after some search found 
Knight in the Jefferson Barracks at St. Louis. They re- 
turned to Lee County just in time to save Walsworth's life, 
for the mob had him out under a tree with a rope around his 
neck and over a limb of the tree. Upon the receipt of the 
news of the discovery of Knight, however, the mob dis- 
persed. 53 

L. J. Smith and Frisby, Keokuk County, about 

1845 or 1846. — Sometime about 1845 or 1846 two men, L. J. 
Smith and a man named Frisby, were accused of preempt- 
ing claims in Keokuk County. A lynch jury convicted them 
and sentenced them to be tied to a pole and ducked to the 
bottom of a mill pond through a hole in the ice and then 
taken out and given a coat of warm tar and feathers. After 
this treatment they were to leave the Territory forever. 
On the way to the pond Frisby attempted to kill himself by 
sticking a long dirk into his body. The mob then lightened 
Smith's sentence, and gave him only the tar and feathers. 
That night Smith had his head shaved and thereupon he de- 
parted for Missouri. 54 

Jacob Majors, Marion County, July, 1848. — Throughout 
the early history of Mahaska County there was much trou- 
ble over claims. In order to protect themselves the settlers 
formed a i i Mutual Protection Association ' Jacob Majors, 
one of the early settlers, was in a good financial condition 
and did not deem it necessary to join the association. He 

Kay's Way Back Sketches in The Burlington Hawk-Eye, Sunday, March 
29, 1891. 

54 Correspondence of the writer. 



LYNCHINGS IN IOWA 



179 



is said to have entered the claims of three of his neighbors 
and to have refused to arbitrate with the association. The 
association met and decided to coerce him. They went to 
his home and not finding him they encamped on the land to 
await his return. Word was sent to Oskaloosa, where he 
was, for him to return, but he refused to do this until finally 
the mob burned his barn. Upon his arrival on the scene he 
promised to deed the land over to the first claimants. Time 
elapsed and the association was not satisfied so they planned 
to capture Majors at Durham's Ford. Accordingly one 
Monday a mob of about two hundred men caught him. A 
neighbor named Van Dalaskmutt went his security and the 
land was deeded back. 

After all this Jacob Majors foolishly sought revenge. He 
caused warrants of arrest to be sworn out for John Gril- 
lispie, L. C. Conrey, and others on July 6, 1848. These 
warrants were never served, but the association caught 
Majors again at his sawmill and took him to Knoxville in 
Marion County. At Knoxville other members of the asso- 
ciation met the gang that had captured him, and they took 
him about a mile north of town and gave him a coat of tar 
and feathers on his naked body. His clothes were then put 
on and another coat of tar and feathers was added. In this 
plight he was allowed to return home, with orders never to 
attempt to revenge himself again. Soon after this affair 
the Majors family moved to Missouri. 55 

John Hamlin and Nathaniel Hamlin, Jasper County, 1848. 
— During the days of the claim association in Jasper Coun- 
ty a man named Msely came from Missouri and took up a 
claim near the residence of a family named Hamlin. 
Nisely 56 boarded a part of the time at the Hamlin home. 

55 Garden's History of Scott Township, MdhasTca County, Iowa (1907), pp. 
44-49; and correspondence and interviews of the writer with old settlers. 

56 One authority spells the name Knisely. 



180 IOWA JOURNAL OF HISTORY AND POLITICS 



Trouble arose between them and one day when Nisely sud- 
denly disappeared the Hamlins were suspected. This sus- 
picion was strengthened by the appearance of John Hamlin 
wearing a coat and hat belonging to Nisely. When asked 
where Nisely had gone or what had become of him Hamlin 
could not give a satisfactory explanation, nor could he ex- 
plain how he had come into possession of the coat. These 
facts, together with other incidents, caused the people of 
the community to suspect that the Hamlin boys had secretly 
disposed of Nisely. Confessions were extracted from them 
which caused the arrest of three of the boys. John Hamlin 
had been hanged up by the neck to induce him to confess, 
while stretching by the thumbs had been used on Nathaniel. 
The lash was applied after he had been stretched up by the 
thumbs and when they had finished the blood ran down his 
back to the ground. Some little trouble arose concerning 
the trial of these men, but after a time a fairly regular trial 
was secured. In the midst of it, however, Nisely was found 
in Missouri and the prisoners were discharged. 57 

John Wilson, Linn County, July 21, 1849. — "A somewhat 
notorious scamp, by the name of John Wilson, has been 
strongly suspected of being engaged in this business [horse 
stealing], and is thought to have been the identical fellow 
who stole two horses in Linn county, and sold them at Cas- 
cade a short time since. 

"On Saturday last, Wilson was found dead on the prairie, 
in Linn county, with such wounds about him as indicated 
pretty strongly that he came to his end by the intervention 
of those who considered forbearance no longer a public 

57 Eastman's A Foul Murder and Nobody Killed in the Annals of Iowa 
(First Series), Vol. IX, No. 3, July, 1871, pp. 593-599; The History of Polk 
County, Iowa (Union Historical Company, Des Moines, 1880), pp. 519, 520; 
Porter's Annals of Polk County, Iowa, and City of Des Moines (1898), pp. 
511, 512; and correspondence of the writer. 



LYNCHINGS IN IOWA 



181 



virtue. Wilson had on his person some $30 of good money, 
besides a lot of counterfeit." 58 

Jacques and Jacques, Clinton County, 1851. 

— A family named Jacques, living near Comanche in Clin- 
ton County, fell under the suspicion of the Regulators be- 
cause they had kept so many fine horses about the place. In 
order to get a clue as to their guilt Constable Eobert Welsh 
and Capt. R. A. Lyons of Elvira laid a plan to frighten the 
Jacques women into a confession. Accordingly when even- 
ing came on and the women were milking, Welsh came up 
and engaged them in conversation until dark, while Lyons 
stole into the house and hid himself in a bed so that he 
could witness any conversation in the room. After the 
chores were finished Welsh came to the house and continued 
his conversation about the gang and finally by midnight he 
had drawn the whole story from the women. The two men 
made their escape from the house and followed the trail of 
one of the Jacques. Mr. Cannon and his son joined them 
and Jacques was overtaken. He was taken to Swan Island, 
below the city of Comanche, and stretched up by the neck 
for a time until he, too, was induced to tell the whole story 
of the gang. He was later tried, convicted, and sent to the 
penitentiary. This warning was not sufficient, however, so 
the Regulators caught another member of the Jacques fam- 
ily at a dance in Dubuque and brought him by way of Ma- 
quoketa to Clinton County where, in a grove near Welton, 
he was forced to make a confession. The evidence given by 
these two men resulted in the routing of a large gang of 
robbers at Farmersburg. A considerable amount of booty 
was recovered, but none of the gang was caught. 59 

ss The Miners' Express (Dubuque), Vol. VIII, No. 47, Wednesday, July 25, 
1849. 

59 The History of Clinton County, Iowa (Western Historical Company, Chi- 
cago, 1879), pp. 437-439. 

VOL. X — 12 



182 IOWA JOURNAL OF HISTORY AND POLITICS 



Alfred Moore, Benton County, August 8, 1851. — In 1851 
Alfred Moore came to Benton County and being eager to 
gain possession of a large amount of land he entered the 
claims of S. K. Parker, L. D. Bordwell, and Joseph Strawn. 
The citizens decided to discipline him. Accordingly two 
men called upon Moore during the night of August 8th and 
requested that he show them the way to a certain place. 
Moore was thus entrapped by the citizens and when a little 
way from his home he was seized and tied to a tree. His 
clothing was removed and he was given a good whipping, 
then tarred and feathered, and ordered to produce the pa- 
pers necessary to return the claims to the first squatters. 
Daniel Eichie and Ed. Johnson were the men who admin- 
istered the whipping. John Hollenbeck, Daniel Richie, and 
Orson Bogle were tried for assault and battery. Bogle was 
tried first and not being present at the whipping was soon 
acquitted. This seemed to discourage Moore and he left 
the country, probably fearing that he might meet with 
further violence from those whom he had attempted to 
prosecute. 60 

Baltimore Muir, Pottawattamie County, May 17, 1853. — 
In the early part of May, 1853, an immigrant train en- 
camped at Council Bluffs on the south side of what is now 
Broadway at Glendale. On the morning of the twelfth of 
May a man named Samuels was found dead in his wagon. 
Baltimore Muir was known to have traveled with him and 
when Muir was not found in the train of immigrants, sus- 
picion at once rested upon him. Search parties were sent 1 
out and a little later Muir was found on the trail that led to 
Mosquito Creek through the woods in the direction of the 
home of D. B. Clark. Some of the accounts say that Muir 
was placed in the hands of the officers of the law, but an eye- 
no The History of Benton County, Iowa (Western Historical Company, Chi- J 
cago, 1878), pp. 349, 350. 



LYNCHINGS IN IOWA 



183 



witness of the lynching declares that the officers of the law 
had nothing to do with the affair. 

A lynch conrt was organized and Muir was tried, con- 
victed, and sentenced to be hanged. A. C. Ford defended 
the prisoner while Eev. Moses Shinn acted as his religions 
counsellor. Shinn obtained a confession of guilt from him, 
but he was unable to ascertain where Muir had placed the 
money which had been taken from Samuels, and for which 
the murder had been committed. Accordingly Muir was 
hanged. 

In 1875 the authorities of Council Bluffs were opening up 
a street on what was the old D. B. Clark trail and near an 
old tree $350 in gold was found. This was the same amount 
that Samuels had on his person when he was murdered, and 
evidently was the money which cost him his life. 61 

George Bedmon, Boone County, December, 1855. — In De- 
cember, 1855, Richard Green of Boone County sold his in- 
terest in a mill for $180. This money he placed in a bag 
that hung on the wall of his house. One Sunday about 
Christmas time Mr. Green and his wife went to visit a 
neighbor. While they were away George Eedmon came and 
finding only the children at home inquired of them what Mr. 
Green had done with the money that he had secured from 
the sale of the mill, and received the reply that they did not 
know. When Mr. Green returned he found that the money 
was gone, and upon making inquiries as to who had been 
there in his absence the children told him that George Eed- 
mon had come, but that they did not see him molest the bag 
on the wall. 

Green called in six of his neighbors and after a short con- 
sultation a plan of recovering the money was decided upon. 

61 History of Pottawattamie County, Iowa (O. L. Baskin & Co., Chicago, 
1883), pp. 102, 103; and correspondence of the writer. 



184 IOWA JOURNAL OF HISTORY AND POLITICS 



The leader went to Kedmon's home and persuaded him to 
go and have a drink at a cabin where liquor was sold. After 
drinking, and purchasing some liquor to take with them, 
they started home again. The road led through a belt of 
timber. Eedmon had enough spirits in him to make him 
boastful, and just as he was telling his comrade how he 
could fight a dozen Indians, the other five men who had 
masked themselves for the occasion jumped out and cap- 
tured Eedmon. After a short chase they allowed his com- 
panion to get away. In a little while he returned masked 
as the others and they tied Eedmon to a tree and demanded 
that he confess where the money had been placed. He de- 
nied having stolen it. The mob then whipped him until he 
said that if they would cease he would get the money. He 
was loosed, but when he had gone about a hundred yards he 
denied again that he had stolen the money. He was taken 
back to the tree and whipped until he again consented to 
produce the money, but later he again denied it. It was 
therefore necessary to administer the third whipping before 
he would finally agree to get the money. It took all night 
to extract the place of concealment from him and as a result 
Eedmon was badly bruised. He was taken to the place of 
concealment and after he had dug up the money, he was 
ordered out of the country with strict instructions not to 
return. 62 

Charles Clute, Cedar County, 1856. — Charles Clute had 
been employed by a Mrs. J. D. Denison, a widow, to attend 
to her business on a farm nine miles northeast of Tipton. 
Mrs. Denison married J. A. Warner later and the two men 
worked together on the farm. A peddler named Johnson 
who had a previous acquaintance with the family came in 
the winter of 1856 with a team of good horses which he left 

62 Lucas 's Boone County 's First Theft in the Madrid Begister-News, Vol. 
XXV, No. 49, Thursday, July 18, 1907. 



LYNCHINGS IN IOWA 



185 



to be sold by them. Johnson was arrested some time after- 
wards on the charge of horse stealing and taken to Wis- 
consin for trial. No evidence could be brought against him 
to convict him and he was released. The neighbors of Clute 
became suspicious of him and took him from the house one 
night and gave him a good whipping in the woods. This 
affair occurred after Clute had been arrested on the charge 
of being an accomplice of Johnson, but had been released 
for lack of evidence. 63 

, Louisa County, February 9, 1856. — An 

assault upon two school girls near Muscatine in February, 
1856, caused great indignation. A sufficient description was 
given to identify the perpetrators of the crime, and on the 
following Sunday, February 9, 1856, one of the men was 
discovered at dinner in the United States Hotel at Colum- 
bus City, Louisa County. When he had finished his meal 
and the patrons of the hotel had gathered about the counter, 
the proprietor tapped the man on the shoulder and called 
him behind the counter, apparently for a private word with 
him, but instead he drew out a buggy whip and after telling 
the crowd of the assault upon the girls and stating that this 
was one of the men, he gave him a severe whipping. The 
victim plead for mercy, but obtained none as the crowd in 
the hotel gave silent consent to the proceeding. 64 

William Davis, Lucas County, August, 1856. — Trouble 
arose in Otter Creek Township between Alexander Lamb on 
the one hand, and William Davis and David Ragin on the 
other. Soon after this breach of friendly relations the barn 
of Alexander Lamb was burned and suspicion rested upon 

63 The History of Cedar County with a History of Iowa (Historical Pub- 
lishing Company, Chicago and Cedar Bapids, 1901), pp. 363, 364; and Gue's 
History of Iowa, Vol. I, p. 343. 

64 Muscatine Daily Journal (New Series), Vol. I, No. 25, Thursday, February 
14, 1856. 



186 IOWA JOUENAL OF HISTORY AND POLITICS 



Davis and Ragin. Davis's stock had caused Lamb much 
trouble previous to this time and was one of the causes of 
the breach of friendship. 

One night in August, 1856, a mob of indignant farmers 
gathered at the home of Davis, where B-agin was also stay- 
ing, with the intention of lynching them both. Ragin made 
his escape, shooting as he went, but Davis faced the mob 
and declared his innocence. They took him out and gave 
him a good whipping and the scars made by the mob re- 
mained with him as long as he lived. 

Davis caused the arrest of Alexander and Reuben Lamb, 
John and Littleton Young, Solomon Carmichael, Riley 
Moore, Oliver Harvey, John Ruble, Joel Carter, "William 
Pennington, George Frazier, Franklin Benge, "William 
Bayles, Jonathan Curtis, James Woodward, John Wells, 
Jonathan Dix, James Aaron, and Daniel Nyswanger on the 
charge of participation in this lynching. The preliminary 
hearing was held before Justice B. P. Hartley on Sunday, 
May 3, 1857, and he bound fifteen of the men over to appear 
at the next session of the grand jury. Accordingly, in June 
they were brought up before a jury of which A. H. Dunlap 
was foreman, but they were discharged for want of suf- 
ficient evidence. 65 

, Dubuque County, August 9, 1856. — A 

peacable merchant remarked on the streets of Dubuque on 
August 9, 1856, that he considered "a negro as good as him- 
self, or as an Irishman, if he behaved himself " and for his 
outspoken sentiments he received a slug shot and doubtless 
would have been killed had not the police come to his res- 
cue. G 

65 The History of Lucas County, Iowa (State Historical Company, Des 
Moines, 1881), pp. 569-571; and correspondence of the writer. 

66 Muscatine Daily Journal, Vol. II, No. 21, Saturday, August 9, 1856. 



LYNCHING^ IN IOWA 



187 



Alexander Gifford, Q1 Jackson County, April 11, 1857. — 
Among the early settlers of Jackson County were Henry 
Garrett and David McDonald, both of whom came from New 
York. It seems that both of these men were connected with 
some murder in New York and desired to hide their iden- 
tity. John Engles also came from New York soon after 
their arrival and he seemed to know about the affair. In 
order to get rid of this witness against them they hired 
Alexander Gifford to murder Engles, which he did on 
March 27, 1857, while the two men were out hunting to- 
gether. Evidence was found that caused the arrest of Gif- 
ford and he was placed in the jail at Andrew. 

This was the fifteenth murder which had occurred in 
Jackson County in its short history and in not a single case 
had there been a conviction of the offender. The people 
were aroused and on April 11, 1857, a mob went to the jail 
at Andrew, broke open the doors and took Gifford out. He 
was taken to a tree in the north part of town and given a 
chance to confess. The mob promised him a fair trial if he 
would make a complete confession. After making a con- 
fession stating that he had been hired to do the deed the 
mob grew furious and broke its promise, and in a few min- 
utes Gifford hung lifeless to the tree. There is little doubt 
but that the Iron Hills Vigilance Committee did the lynch- 
ing. One account, however, accuses the citizens of Bellevue 
of committing the deed. 68 

Boyd Wilkinson, Johnson County, May 11, 1857. — Boyd 
Wilkinson, who resided south of Iowa City on the farm of 
Philip Clark, disappeared suddenly in 1857, and as no one 

67 Some authorities give Grifford as the spelling. 

68 Des Moines Valley Whig (Keokuk) , Vol. XI, No. 34, Wednesday, April 22, 
1857; Muscatine Daily Journal, Vol. II, No. 254, Saturday, May 30, 1857; 
Gue's History of Iowa, Vol. I, pp. 336, 337; The History of Jackson County, 
Iowa (Western Historical Company, Chicago, 1879), p. 405; and Annals of 
Jackson County, Iowa, No. 1, 1905, pp. 29-34; No. 3, 1906, pp. 68-75. 



188 IOWA JOURNAL OF HISTORY AND POLITICS 



knew where he had gone people generally believed that he 
had been murdered. After some time he unexpectedly re- 
appeared in Iowa City and found that Philip Clark had 
made unnecessary overtures in regard to his property. The 
two men quarreled and when Clark's barn burned the neigh- 
bors thought that Wilkinson had been the cause. Realizing 
that he would be in danger, Wilkinson sought the protection 
of the officers in Iowa City, but obtained no support. 

A mob, supposedly composed of Clark's friends, met at 
the Mansion House in Iowa City and after parleying and 
organizing, proceeded to the home of Wilkinson. At first 
Wilkinson could not be found, but finally after his wife had 
secured from the mob the promise of a legal trial, she di- 
vulged his hiding place. Wilkinson was taken from the 
cellar and placed in a wagon with his hands tied behind his 
back. 

The accounts do not agree as to the events which fol- 
lowed. At any rate when the wagon was going along the 
river bank Wilkinson was drowned. Whether he jumped 
into the river or was thrown in is difficult to determine, but 
it is generally believed that he was thrown in. Search was 
made for the body and after some time it was found. 

Fifteen men were indicted for the murder of Boyd Wil- 
kinson. In the first trial eight were found not guilty, to the 
utter astonishment of the public. Five others were tried 
at a special term of the district court and were also cleared, 
although one of them was sent to the penitentiary later on 
another charge. 69 

William P. Barger, Michael Carroll, and , 

Jackson County, May 29, 1857. — William P. Barger, Mi- 

6o Marietta Weekly Express, Vol. I, No. 37, September 8, 1857; Iowa Weelcly 
Bepublican (Iowa City), Vol. IX, No. 509, Wednesday, August 18, 1858; 
Muscatine Daily Journal, Vol. IV, Nos. 260 and 270, Thursday, May 5, and 
Monday, May 16, 1856; and History of Johnson County, Iowa (Iowa City, 
1883), pp. 216-219. 



LYNCHINGS IN IOWA 



189 



chael Carroll, and another thief were confined in the jail at 
De Witt, Clinton County, awaiting trial when a mob of Iron 
Hills Vigilants lynched them. One account says: ' ' Last 
Thursday morning, an armed Mob of about 40 men, passed 
through this city on their way to De Witt, headed by one 
H. K. Landis, Postmaster at Iron Hill, in this county. 
Their movements were open, calm and deliberate. They 
reached De Witt toward evening, and repaired in a body to 
the Jail, which they entered without resistance. The county 
officers and citizens looking on with indifference at the vio- 
lation of their sacred rights and municipal laws. The 
Sheriff had left the outside door open as he did not wish the 
Jail broken: the door leading to the prisoner's lock-up gave 
way with slight resistance. When the conspirators had 
dragged the prisoners out, an attempt was made by the 
Sheriff to summon a posse, and a half dozen brave Clinton- 
ians seized Barger by the legs as he was being tumbled into 
the wagon; but the Mob held fast and drove rapidly away 
with their prisoner. The other prisoner, Carroll, was se- 
cured without difficulty. The Sheriff of Clinton county dis- 
tinguished himself by breaking the nose of one of the mob 
with a blow from a gun. Early on Friday morning, the 
Mob-train passed through this city with their victims, on 
their way to Andrew, the seat of Lynch Justice chosen by 
the self-styled Vigilance Committee. Arrived at Andrew, 
no time was lost in useless preliminaries. A black handker- 
chief was tied over Barger 's face, the rope adjusted by 
Captain Landis, a young lad climbed the tree (the same 
where Gifford swung) and threw it over the consecrated 
limb. About twenty men laid down their guns, manned the 
rope, and Barger swung between the heavens and the earth ; 
a few short heavings of the chest, a spasm of the feet and 
legs and Barger hung a quivering corpse. Men women 
and children looked on the spectacle and winced not. Not- 



190 IOWA JOURNAL OF HISTORY AND POLITICS 



withstanding the summary proceedings of the Mob, a large 
concourse of people was present. Many went out from this 
vicinity out of a morbid curiosity. Some of them had the 
pleasure and some were disappointed. We commiserate 
both. 

" After despatching Barger, the Mob took a vote on Car- 
roll's case, and decided not to hang him just then. He was 
placed in the jail, to be kept and guarded until further or- 
ders from the High court of Judge Lynch." 70 

While Barger still hung Carroll and the other thief were 
given severe whippings, after which Carroll was turned 
over to the civil authorities, while the other man was ban- 
ished. Barger was buried near the spot of his execution, 
and the next morning some of the ' ' refined spirits ' ' of the 
mob dug up his body, placed it upright in a buggy, and 
drove it to Cobb's Hotel leaving a paper in the hand of the 
corpse calling for dinner and horse feed. 71 

, Lee County, May 30, 1857. — On Saturday, 

May 30, 1857, the steamboat Saracen was at the Ft. Madison 
landing when trouble arose between a negro and a mate of 
the boat. It was about eleven o'clock in the forenoon when 
this trouble arose. The mate struck the negro so severely 
that the latter fled to a stable on shore closely pursued by 

'0 The Cedar Valley Times (Cedar Kapids), Vol. VI, No. 38, Thursday, June 
11, 1857. 

71 Quotation from the Maquoketa Excelsior in The Cedar Valley Times (Cedar 
Eapids), Vol. VI, No. 38, Thursday, June 11, 1857; The Iowa Weekly Citizen 
(Des Moines), Vol. II, Nos. 18 and 20, Wednesday, June 17, and July 1, 1857; 
Dubuque Express and Herald, Vol. VIII, Friday, June 5, 1857; Daily Hawk- 
Eye $ Telegraph (Burlington), Seventh year, Nos. 288 and 292, Thursday, 
June 4, and Tuesday, June 9, 1857 ; Muscatine Daily Journal, Vol. II, No. 256, 
Tuesday, June 2, and Vol. Ill, Nos. 1 and 2, Saturday, June 27, and Monday, 
June 29, 1857; The History of Jackson County, Iowa (Western Historical 
Company, Chicago, 1879), pp. 406, 407; Ellis's More about the Thrilling 
Crimes in Pioneer Days in the Annals of Jackson County, Iowa, No. 3, 1906, 
pp. 68-75; and the Discovery of the Counterfeiters in the Annals of Jackson 
County, Iowa, No. 1, 1905, pp. 29-34. 



LYNCHINGS IN IOWA 191 

the shipmen. He was hustled on board again and with 
drawn knives and guns the crew prepared to flog the negro. 
A mob soon collected, abolition spirit being high, and as the 
negro was being stripped for the flogging Dr. W. H. Davis, 
Justice of Peace, gave orders that the boat be retained 
until the difficulty was settled. The crew did not wish to 
obey this order and a fight began. The crowd threw stones 
and other articles at the crew while the latter returned the 
attack with bullets. Even Captain Stran of the boat par- 
ticipated in the shooting. Samuel Henderson was mortally 
wounded, and Thomas Slick and Samuel Bricker were 
slightly wounded. Injuries of a very light nature were re- 
ceived by Landon Bricker, G. Nubia, and J. S. Edson. The 
boat succeeded in getting off and an attempt to intercept it 
at Burlington failed. 72 

John Schubert and family, Linn County, June 3, 1857. — 
The daughter of John Schubert was raped by a man from 
Linn County who forced her to promise to keep the fact a 
secret under threats of violence should she disclose the fact. 
She kept the secret as long as possible and then told her 
parents. This led to a damage suit against the offender, 
and in order to retaliate he gathered a gang together on 
May 7, 1857, and waited upon John Schubert and family, 
who were ordered to leave the country. Some of the gang 
were recognized and arrested. This made matters worse 
and on June 3, 1857, the gang again came to Schubert's 
home and after treating him and his family shamefully 
loaded their possessions on wagons and sent them out of the 
country. The mob seemed to be well organized and exhib- 

7 2 Daily Hawe-Eye Telegraph (Burlington), Seventh year, Nos. 285 and 
288, Monday, June 1, and Thursday, June 4, 1857; Des Moines Valley Whig 
(Keokuk), Vol. XI, No. 40, Wednesday, June 3, 1857; The Gate City (Keo- 
kuk), Vol. IV, No. 81, Tuesday, June 2, 1857; The Washington Press, Vol. II, 
No. 5, Wednesday, June 10, 1857; and Ward's Own (Troy, Iowa), Vol. I, No. 
9, Saturday, June 6, 1857. 



192 IOWA JOURNAL OF HISTORY AND POLITICS 



ited reckless daring, since this last incident Happened in 
daylight. 73 

Alonzo Page, Cedar County, June 18, 1857. — Soon after 
the organization of the Eegulators in Cedar Connty a man 
named William Corry became a member of the order. He 
lived near Eock Creek. Near him, not far from Lowden, 
lived Alonzo Page and his family. Some tronble arose be- 
tween these two men and as a result Corry circulated a 
report that Page was connected with the horse thieves who 
infested the country at that time. The Eegulators believed 
the report and gave Page notification to leave the country. 
The friends of Page persuaded him to remain, thinking the 
Eegulators would do nothing. On the night of June 18, 
1857, however, the Eegulators came to Page 's house. Page 
tried to persuade them to disperse, but he failed and they 
attacked the house. At this time Page 's wife was critically 
ill, but an appeal on that account did not move the mob to 
desist. The windows and doors were broken in and Page 
was shot and mortally wounded. The fatal shot is said to 
have been fired by Corry. 74 

Bennett Warren' 1 ^ and Charles Clute, Clinton County, 
June 24, 1857. — Charles Clute was not allowed to live in 
peace after the first attentions of the vigilants which oc- 
curred in 1856, but he was again taken on June 24, 1857, 
together with Bennett Warren, both of whom were work- 
ing on a house in Scott County. They were driven into 
Clinton County where the mob proceeded to try Warren in 

73 The Daily North West (Dubuque), April 7, and June 3, 1857. 

74 The History of Cedar County with a History of Iowa (Historical Publish- 
ing Company, Chicago and Cedar Eapids, 1901), Vol. I, pp. 361-363; Gue's 
History of Iowa, Vol. I, pp. 341, 342; Des Moines Valley Whig (Keokuk), 
Vol. XI, No. 44, Wednesday, July 1, 1857; and Muscatine Daily Journal, Vol. 
II, No. 267, Thursday, June 25, 1857. 

75 One source gives Benjamin as the first name. 



LYNCHINGS IN IOWA 



193 



lynch court. No opportunity for defense was given and of 
course he was soon convicted. R. H. Eandall of Clinton 
County presided at the court. At first a vote was taken to 
decide whether they would punish Warren or not, for he 
was an old man. Punishment was decided upon, and then 
a vote was taken to determine whether it should be whip- 
ping or hanging and after some deliberation hanging was 
finally chosen. Eandall in writing about the case after- 
wards said: "I got upon a wagon and began to tell my rea- 
sons for opposing their vote as best I could for about ten 
minutes, and was making many changes of votes when a 
man came to me and said, 6 Eandall, if you don't stop that 
you will be shot inside of five minutes. ' I replied, 'One 
murder is enough ', and ran out of sight. I am not ashamed 
of anything I did that day, so you may use my name. ' ' 

Warren was hanged by the mob as a public example and 
Clute was loosed after he had been terrified by threats until 
he promised to leave the country. Not long afterward he 
disappeared and was not heard from again. 76 

Jacob A. Warner, 77 Cedar County, June 25, 1857, — Vary- 
ing accounts are given of the lynching of Jacob A. Warner. 
He is said to have been taken on June 25th, 1857, to War- 
ren's Settlement and hanged by a mob of more than three 
hundred men. A lynch trial was given him in which wit- 
nesses were examined and finally the accused was convicted 
of being connected with a gang of outlaws then working in 
Iowa. Thirty votes were cast for whipping and about three 
hundred for hanging. Warner wanted to make about thirty 

76 Gue's History of Iowa, Vol. I, pp. 343-346; The History of Clinton County, 
Iowa (Western Historical Company, Chicago, 1879), pp. 439-441; The History 
of Cedar County with a History of Iowa (Historical Publishing Company, Chi- 
cago and Cedar Eapids, 1901), pp. 363-365; and Des Moines Valley Whig 
(Keokuk), Vol. XI, No. 94, Wednesday, July 1, 1857. 

77 Some authorities give Benjamin as the first name. 



194 IOWA JOURNAL OF HISTORY AND POLITICS 



bequests before they executed him, but the mob thought 
that would take too long and they immediately hoisted him 
into the air. Later accounts say that Sergeant and Denny, 
two other outlaws, were present to witness the example 
made of Warner. 78 

Peter Conklin, Cedar County, June 27, 1857. — Peter 
Conklin, who was supposed to be operating with a gang of 
thieves in the region of Johnson County, was caught near 
Yankee Eun on the road to Tipton in Cedar County on June 
27, 1857, by the Regulators and shot dead. He had been 
suspected for some time and after his death his body was 
taken to Iowa City where two hundred dollars in rewards 
were offered for it. 79 

, Jones County, June 29, 1857. — "An ex- 
tract from the Anamosa Gazette of the 30th, states that a 
horse thief who was convicted on the day before of stealing 
a horse on Sunday last, at Fairview, and brought to Ana- 
mosa for confinement, was taken at 12 o'clock from the 
house of Mr. Peet, where he was quartered, by a mob of 
about sixty men, and hung. No traces of the mob have been 
discovered, but it is supposed that the men composing it 
came from the south-east. The thief 's name is not given. ' ' 80 

78 The Daily Hawlc-Eye (Burlington), Eighth year, No. 3, Wednesday, July 
1, 1857; The Daily North West (Dubuque), Vol. II, No. 18, Friday, July 10, 
1857; The History of Clinton County, Iowa (Western Historical Company, 
Chicago, 1879), pp. 440, 441; The History of Cedar County with a History of 
Iowa (Historical Publishing Company, Chicago and Cedar Eapids, 1901), pp. 
363-365; and Gue's History of Iowa, pp. 343-346. 

™ Gue's History of Iowa, Vol. I, pp. 342, 343; The History of Cedar Comity 
with a History of Iowa (Historical Publishing Company, Chicago and Cedar 
Eapids, 1901), p. 363; and a clipping from the Davenport Gazette entitled 
More Hanging of Horse Thieves found in the Aldrich Collections in the State 
Historical Library at Des Moines. 

so The Washington Press, Vol. II, No. 11, Wednesday, July 22, 1857; and a 
quotation from the Anamosa Gazette in The Daily HawTc-Eye (Burlington), 
Eighth year, No. 15, Thursday, July 16, 1857. 



LYNCHINGS IN IOWA 



195 



Alonzo Gleason and Edwin Soper, Cedar County, July 3, 
1857.— On July 2, 1857, the sheriff of Cedar County brought 
Alonzo Gleason and Edward Soper into Tipton and placed 
them in jail. That night the jail was broken into by a mob 
of perhaps two hundred men, and Gleason and Soper were 
taken out and tried in lynch court. Gleason was firm, but 
Soper wept and confessed. They were taken to Martin 
Henry's home south of Lowden and hanged to a tree. The 
immediate cause of the arrest of Gleason and Soper was 
the stealing of a horse from Charles Penningroth who lived 
two miles south of Lowden. This horse was stolen and 
taken to Illinois for sale, and immediately upon the return 
of the thieves they were arrested. Attempts were made to 
prosecute the Eegulators, but sentiment ran so high against 
such proceedings that nothing was accomplished. Threats 
were made against any who should dare to give information 
against the Eegulators and no doubt the threats would have 
been executed. 81 

, Cedar County, July 5, 1857. — A horse 

thief was hanged outside of Tipton on Sunday night, July 
5, 1857. The name of the victim is not known. 82 

, Jones County, July 5, 1857. — "A young 

thief some 18 years of age was caught in the act of stealing 
a horse, near Fairview, on Sunday evening last and re- 
ceived as a reward, seventy lashes — some say they killed 
him." 83 

81 Clipping from the Davenport Gazette entitled More Hanging of Horse 
Thieves found in the Aldrich Collections in the State Historical Library at Des 
Moines; The History of Cedar County with a History of Iowa (Historical Pub- 
lishing Company, Chicago and Cedar Bapids, 1901), Vol. I, pp. 365-367; and 
The Washington Press, Vol. II, No. 10, Wednesday, July 15, 1857. 

82 Muscatine Daily Journal, Vol. Ill, No. 11, Friday, July 10, 1857. 

83 The Washington Press, Vol. II, No. 10, Wednesday, July 15, 1857 ; and 
the Muscatine Daily Journal, Vol. Ill, No. 11, Friday, July 10, 1857. 



196 IOWA JOURNAL OF HISTORY AND POLITICS 

Teedles, Jones County, July 8, 1857. — "We un- 
derstand from a gentleman from Hickory Grove, that the 
Vigilance Committee arrested a man by the name of Tee- 
dles at Bear creek on Wednesday evening, and after trial 
[he] was sentenced to be hung, which sentence they imme- 
diately proceeded to execute. After hanging him, the Com- 
mittee notified his friends that they could take charge of his 
body which they at once proceeded to do, and as his neck 
was not broken, he was restored to life. The Committee 
hearing this immediately prepared to re-execute him, but 
he begged for his life, promising to divulge all he knew of 
the gang. He gave many names of persons connected with 
horse stealing and counterfeiting and we may expect lively 
times in that quarter." 84 

Long and , Jones County, July 10, 

1857. — A certain Dr. Long and his brother, who lived in 
Jones County in 1857, were suspected of being connected 
with the horse thieves then infesting the eastern part of 
Iowa. On July 10th the Vigilance Committee went to the 
home of the Longs, who lived on the road from Anamosa to 
Monticello; but in some way Dr. Long had heard of their 
intended visit and had escaped. The committee, however, 
found Dr. Long's brother and an accomplice and took them 
to the woods and hanged them. A detachment of the com- 
mittee was sent in search of Dr. Long as far as Cascade, 
but they did not catch him as he had taken refuge with Jack 
Parrott of that town. The two men who were sent after 
him remained about town on Sunday night long enough to 
decide that the chances of getting Long were hazardous. 85 

84 Quotation from the Davenport Democrat in the Muscatine Daily Journal, ! 
Vol. Ill, No. 10, Thursday, July 9, 1857. 

85 Muscatine Daily Journal, Vol. Ill, No. 17, Friday, July 17, 1857; and a 
quotation from The Dubuque Republican of July 14, 1857, in The Daily Hawk- 
Eye (Burlington), Eighth year, No. 17, Saturday, July 18, 1857. 



LYNCHINGS IN IOWA 



197 



Jack Parrott, Dubuque County, July 13, 1857. — "It was 
rumored here in Dubuque yesterday, that a crowd of three 
hundred people had surrounded the house of a man named 
Jack Parrot, 86 in Cascade, and took him away determined 
to hang him on suspicion of being a horse thief." 87 

Kelso and , Cedar County, July 14, 

1857. — The Vigilance Committee captured a man named 
Kelso and his accomplice in Cedar County on July 14, 1857, 
and after trying them in lynch court and obtaining a verdict 
of guilty they hanged them to a tree. A young farmer 
named Finch was present and voted in favor of hanging 
them. When he returned home and his mother learned of 
the incident and his vote, she rebuked him so severely that 
he went out to the field and hanged himself. 88 

William B. Thomas,** alias "Comequick", Poweshiek 
County, July 14, 1857. — The trial of William B. Thomas at 
Montezuma for the murder of Mr. and Mrs. Casteel had 
come to a critical point on July 14, 1857, when a change of 
venue was asked for and granted by Judge Stone. The 
feeling prevailed in the community that if Thomas were 
allowed a change of venue he would probably escape jus- 
tice and when the change of venue was granted a mob, in- 
cited by the relatives and friends of the Casteel family, 
rushed into the court room, seized the prisoner after a 
brief but fierce struggle, and took him to the edge of town 
where he was hanged until dead. He was given a chance to 
speak, but nothing could have moved the mob to mercy. 

86 Some authorities give Parrott as the spelling. 

87 The Daily EawTc-Eye (Burlington), Eighth year, No. 17, Saturday, July 
18, 1857; and Daily Express and Herald (Dubuque), Vol. VIII, Tuesday, July 
14, 1857. 

88 Quotation from the Anamosa Eurelca in the Muscatine Daily Journal, Vol. 
Ill, No. 19, Monday, July 20, 1857. 

89 One account gives J. W. Thomas as the name. 

VOL. X — 13 



198 IOWA JOURNAL OF HISTORY AND POLITICS 

They built a fire beneath the prisoner to add to his torture 
and aid in forcing a confession of murder from him. He 
finally told the mob that any explanation he could make 
would not save him and would only implicate others and 
hence he would be silent. After the body had hung for 
about four hours it was taken down and buried near the 
spot where he was hanged. The mob quietly dispersed 
after the lynching and did no further violence. 90 

Kieth, Cedar County, July 21, 1857. — On July 21, 

1857, a mob of about four hundred men from Mechanics- 
ville took a man named Kieth charged with counterfeiting 
and horse stealing, and after a short trial in lynch court 
they found him guilty of the charges and hanged him to a 
tree. The mob then searched for John F. Cole, also charged 
with horse stealing, but he was not found. 91 

William Redman, Mahaska County, December 4, 1857. — 
c ' Wm. Eedman was made the subject of popular violence in 
Oskaloosa a few days ago as the overseer of a house of ill 
fame, he was tarred and feathered and ridden on a rail, and 
expelled from the city. The women in the house were also 
notified to leave, which they did." 92 

Hiram T. Roberts, Jones County, December 4, 1857. — 
Hiram T. Roberts lived near Eed Oak Grove in Cedar Coun- 
ty in 1857 and gained the reputation of being a thief and a 

00 The Daily HawTc-Eye (Burlington), Eighth year, Nos. 19 and 32, Tuesday, 
July 21, and Wednesday, August 5, 1857 ; The Montezuma Republican, Vol. II, 
No. 9, July 18, No. 12, August 8, No. 13, August 15, and No. 14, August 22, 
1857; Muscatine Daily Journal, Vol. Ill, No. 16, Thursday, July 16, No. 18, 
Saturday, July 18, No. 25, Monday, July 27, and No. 30, Saturday, August 1, 
1857 (gleanings made from the Iowa City Republican) ; Gue's History of Iowa, 
Vol. I, pp. 338-340; and Parker's History of PoweshieTc County, Iowa (1911), 
pp. 62, 63, and 66. 

01 Iowa Democratic Inquirer (Muscatine), Vol. IX, No. 51, Thursday, July 
23, 1857. 

02 Muscatine Daily Journal, Vol. Ill, No. 29, Friday, July 31, 1857. 



LYNCHINGS IN IOWA 199 

dealer in counterfeit money. A mob caught him on Decem- 
ber 4, 1857, at the house of James W. Hamlin, where he had 
been staying, and took him away for a trial in lynch court. 
The mob was about four hundred strong and there was lit- 
tle trouble in getting him, although to avoid any prolonged 
struggle in his capture the mob promised him a trial in the 
regular courts. This promise was never fulfilled. After a 
time the mob came to the barn of George Saum in Jones 
County where they stopped for parley. 

While the main part of the mob withdrew for consultation 
a small detachment remained with Roberts in the barn. 
Eoberts had confessed that he had passed about $300,000 in 
counterfeit money in his life, and fearing lest the courts 
might allow him to escape his captors decided to hang him 
in the barn before the other members of the mob could re- 
turn. Thus he was hanged and the main part of the mob 
returned later only to find their victim already dead. Six 
of the mob suspected of being involved in the lynching were 
arrested and bound over to the next term of the district 
court at Anamosa. A number of witnesses disappeared, 
friends of the accused were drawn on the jury, and as a 
result the case was finally dropped. Public opinion gener- 
ally favored the Regulators. 93 

\ , Jones County, December, 1857. — A young 

horse thief was caught by the Regulators during the second 
week of December, 1857, and taken to a tree and stretched 
in order to force a confession from him. Stretching by the 
neck did not have the desired effect and so whipping was 

93 Muscatine Daily Journal, Vol. Ill, ISTos. 142 and 146, Friday, December 11, 
and Wednesday, December 16, 1857; The History of Jones County, Iowa 
(Western Historical Company, Chicago, 1879), pp. 354, 355; The History of 
Cedar County with a History of Iowa (Historical Publishing Company, Chicago 
and Cedar Eapids, 1901), Vol. I, pp. 367-369; Gue's History of Iowa, Vol. I, 
p. 348; and The Anamosa Eurelca, Vol. LV, No. 7, Thursday, September 29, 
1910 (clippings from The Eurelca of December 2 to 30, 1869). 



200 IOWA JOURNAL OF HISTORY AND POLITICS 



tried. This brought a confession that implicated others and 
proved the guilt of Hiram T. Roberts who had been hanged 
not long before. 94 

Andrew L. Millslagle, Montgomery County, January, 
1858. — Some time about 1857, Andrew L. Millslagle went to 
Montgomery County and lived with Mr. Wilson. After a 
time Wilson began to complain that Millslagle had alienated 
his wife. A temporary separation ensued which so aroused 
the community that a mob gathered one Saturday night in 
January, 1858. Tar and feathers were prepared and the 
mob went to the Wilson home to get Millslagle. They found 
the door barricaded. John Stipe and Allen Donado were 
sent ahead of the mob to inspect the situation and they re- 
ceived bullets for their boldness. One of the mob named 
Abbott was wounded as were a number of others. Several 
attempts were made to enter the house, but they were un- 
successful as Millslagle defended himself by a deadly fire. 
A load of burning hay was pushed toward the house in an 
attempt to burn him out, but this failed. Finally Millslagle 
escaped from the house and took refuge in the cellar of 
Benjamin Archer who lived near Wilson. When the mob 
found that Millslagle had escaped they followed him and 
met Mrs. Archer who plead with them for mercy. The mob 
would not listen to her and when Millslagle saw that they 
were going to take him dead or alive, he surrendered after 
inducing them to promise him a fair trial in the courts. He 
was taken to Sidney and placed in jail. Many members of 
the mob would have been only too glad to have hanged him, 
but calmer counsels prevailed. During the fight Millslagle 
was shot through the ear. 

Millslagle was convicted and sent to the penitentiary for 
ten years. Wilson and a man named Clark were both tried 

9* Muscatine Daily Journal, Vol. Ill, No. 146, Wednesday, December 16, 1857. 



LYNCHINGS IN IOWA 



201 



for adultery. Mr. and Mrs. Wilson were finally united 
again with fairly good indications that they would live 
peaceably together. 95 

Isaac Byers, Lige Byers, Byers, and By- 
ers, Keokuk County, 1858. — The exact date of the lynching 
of the Byers boys is not known. It is generally conceded to 
have been about 1858 and the incidents tend to indicate 
that this was about the date. Certain correspondents in 
writing of this case place it as early as 1844, but there is 
little to be said in favor of so early a date. There were 
four of the Byers brothers. Isaac had been arrested for 
horse stealing, but had escaped from jail. On the day fol- 
lowing his escape the Vigilance Committee came to his 
house, dragged him from bed, and took him to the woods. 
Here they stretched him by the neck to force a confession 
from him. This plan did not produce the desired effect, so 
the mob tried whipping him, but this seemed of no avail and 
finally he was ordered to leave the country. Later the fami- 
ly moved from "Brushy Bend" to Eichland. Stealing did 
not cease in the country and again the Vigilance Committee 
visited the Byers home. They caught one of the boys and 
tied him to the tail of a horse and made him run after the 
horse into the woods, where he was loosed and whipped. 
He was then ordered to leave the country. Not long after 
this incident Lige Byers was caught in a theft and was 
taken to the woods, whipped, and banished. He did not re- 
main away, however, and when he returned the Vigilance 
Committee again took him to the woods and whipped him. 
Still another one of the Byers was lynched before the com- 
mittee had completed its work. 96 

Muscatine Daily Journal, Vol. Ill, No. 146, Wednesday, December 16, 
1857; and History of Montgomery County, Iowa (Iowa Historical and Bio- 
graphical Company, Des Moines, 1881), pp. 382-386. 

96 The History of Keokuk County, Iowa (Union Historical Company, Des 
Moines, 1880), pp. 448-451; and correspondence of the writer. 



202 IOWA JOURNAL OF HISTORY AND POLITICS 



Wyant, Keokuk County, 1858. — Wyant was an 

accomplice of the Byers boys and about the same time 
(1858) that the Byers were lynched by the Vigilance Com- 
mittee, Wyant was caught and whipped in the woods of 
4 'Brushy Bend". He was then ordered out of the country. 97 

, Keokuk County, 1858. — The Vigilance 

Committee became so active in Keokuk County that adverse 
sentiment developed and attempts were made to prosecute 
the lynchers. A certain witness intended to appear against 
the committee, but they took him in charge, got him drunk, 
and took him to the woods where he was given a good whip- 
ping. He was then told to get out of the country. When 
the trial was called no witness could be found. 98 

Miles Randall, Boone County, about 1858. — Miles Ran- 
dall, a supposed friend of the Pardees, a gang of outlaws 
who operated in the region of Boone County, was caught 
and whipped in the woods about a year after the attempted 
lynching of the Pardees. Bandall left the country. 99 

Farr and Warner, Boone County, April, 

1859. — When Boone County was first opened many people 
went into the county to reap the profit to be derived from 
its timber lands. Companies were formed and logs were 
rafted down the Des Moines River and made into lumber. 
The system of branding became so confused in 1859 that 
many logs were stolen from some of the companies. Secret 
branding was done and claim was laid to logs in this way. 
The branders became unpopular. Finally the Des Moines 
Navigation and Railroad Company, which had been getting 

97 The History of Keolcuk County, Iowa (Union Historical Company, Des 
Moines, 1880), p. 450. 

9S The History of Keolculc County, Iowa (Union Historical Company, Des 
Moines, 1880), pp. 450, 451. 

»» The History of Boone County, Iowa (Union Historical Company, Des 
Moines, 1880), p. 472. 



LYNCHINGS IN IOWA 



203 



logs, sent Farr and Captain Warner up the river to do some 
branding in order that they might be better prepared to 
claim their own logs. In April a mob of independent raft- 
ers caught Farr, who was on the west side, and after whip- 
ping him severely, sent him out of the country. They then 
crossed over to the other side and finding Captain Warner, 
fired on him, and he speedily left the country. The mob 
was masked and even though attempts were made by law- 
yers sent by the Navigation Company arrests were diffi- 
cult. 100 

Burrill and Mercer, Boone County, 1859. — 

After Farr and Warner had been run out of the country the 
Navigation Company sent two other men, Burrill and Mer- 
cer, to see what they could do. One day in the fall of 1859 
Burrill and Mercer came upon three men loading logs in the 
woods of Boone County. At once suspicious, the men asked 
Burrill and Mercer what their business was and the latter 
replied that they were leasing coal lands and produced pa- 
pers in evidence of the veracity of this statement. One of 
the three thieves saw through the ruse and covered Burrill 
and Mercer with his gun. 

Burrill and Mercer had been caught by the timber thieves 
instead of catching them. The thieves, however, did not 
know what to do with their prisoners. They were locked in 
a cabin for about four hours, at the end of which time the 
thieves had arrived at a conclusion as to how to dispose of 
them. 

Burrill and Mercer were told that they would be allowed 
to go if they would promise not to prosecute their captors, 
and that they should have horses upon which to get away. 
The offer was accepted and soon Burrill and Mercer were 

ioo Lucas's Bays of the Biverland Troubles in the Madrid Eegister-News, 
Vol. XXVIII, No. 18, Thursday, December 8, 1910 ; and The History of Boone 
County, Iowa (Union Historical Company, Des Moines, 1880), pp. 472-474. 



204 IOWA JOURNAL OF HISTORY AND POLITICS 



riding through the woods, glad to escape so easily. Just as 
they arrived in the thickest part of the woods, however, a 
band of men suddenly surrounded them, accused them of 
stealing the horses, and took them to a magistrate, charging 
them with theft. The magistrate placed them in confine- 
ment, but that night it is apparent that he purposely left 
the door unlocked and consequently Burrill and Mercer 
escaped. 101 

Miss Carpenter, Perry Carpenter, Bur- 
roughs, Huffman, and about six others, Keokuk 

County, June 4, 1859. — Perry Carpenter and his daughter 
were placed in confinement at Lancaster, Keokuk County, 
in June, 1859, on the charge of lewdness. Along with them 
were other prisoners — Burroughs, Huffman, and probably 
about six others charged with minor thefts. On the night 
of the fourth of June, 1859, a mob of Vigilants, numbering 
from sixty to one hundred, surrounded the jail and with 
little resistance seized the prisoners and drove with them to 
the woods. The mob stopped at Martin's Ferry on the 
South Eiver and gave each of the prisoners a whipping. 
One account says that Burroughs and Huffman were al- 
lowed to go free, but an eye witness stated to the writer that 
they were all whipped. Sheriff Matthew P. Donahey gave 
his moral support to the proceedings and he accompanied 
the mob. He states that during the whipping Jacob Wimer 
questioned Carpenter's daughter about her conduct and she 
slapped him in the face for a reply. Haden Chasteen, 
Wimer 's son-in-law, thereupon proceeded to give the Car- 
penter girl a spanking. After the victims were whipped 
they were given conveyances and sent off in different direc- 

ioi Lucas's Bays of the Eiverland Troubles in the Madrid Begister-News, 
Vol. XXVIII, No. 18, Thursday, December 8, 1910 ; and The History of Boone 
County, Iowa (Union Historical Company, Des Moines, 1880), pp. 472-474. 



LYNCHINGS IN IOWA 



205 



tions with the warning not to join each other again or 
return to Keokuk County. 102 

Burroughs, Keokuk County, June 8, 1859. — Bur- 
roughs did not obey the command of the committee to get 
out of the country, and when this fact was discovered the 
Vigilants caught him on June 8, 1859, gave him thirty-five 
lashes with a horsewhip and again ordered him to leave the 
country and never return. This time he obeyed. 103 

Robert Jones Kerle, 104 Delaware County, June 9, 1859. — 
"On the night of the 9th, (Tuesday) Kearl was called up by 
John Mullen and requested to come to the door. He did so 
without waiting to dress himself. When he arrived at the 
door some one caught him by the arm and attempted to haul 
him out. He struggled to defend himself, when several oth- 
ers rushed in, and after tearing down the partition between 
the bedroom and kitchen succeeded in dragging him out, 
when they tied a rope around his body and dragged him the 
distance of nearly a mile, and told him if he did not 'own 
up' to a knowledge of the whereabouts of a certain horse 
they would hang him. He told them he knew nothing of the 
horse, and they then proceeded to put their threat into exe- 
cution by adjusting the rope around his neck, putting it over 
a limb of a tree and stringing him up." Some reports state 
that Kerle died, but if he did, he lived long enough to cause 
the arrest of Thomas W. Eobinson, Levi Washburne, J ohn 

102 The Washington Press, Vol. IV, No. 6, Wednesday, June 22, 1859. 
los The Washington Press, Vol. IV, No. 6, Wednesday, June 22, 1859. 

104 The Eegister and Leader (Des Moines), Vol. LVII, No. 195, Sunday, Jan- 
uary 13, 1907, contains an account of the lynching of a man whose name is 
given as Carl, probably referring to the same man. The Daily Express and 
Herald (Dubuque), Vol. XI, Thursday, June 16, 1859, gives the name as Kearl, 
but the reference in The Eegister and Leader to the fact that the victim was in 
the war furnishes an official source for the spelling of the name which has 
been adopted. — See Eoster and Eecord of Iowa Soldiers in the War of the Ee- 
hellion, Vol. Ill, p. 508. 



206 IOWA JOURNAL OF HISTORY AND POLITICS 



Mullen, and Abner D. Campbell whom he recognized in the 
mob. 105 

Bunker, Polk County. — Some time before the 

lynching of Heiner in Four Mile Township one of the 
Bunker brothers was caught by the Vigilance Committee in 
Des Moines and taken to the place where Twelfth and Walk- 
er streets cross, where he was stretched by the neck in an 
attempt to force a confession from him. As a result he told 
the whole story of the gang. The information thus gained 
led to the arrest and later lynching of two other members 
of the gang, namely, Charley and William Bunker. 106 

Charley Bunker and William Bunker, Tama County, Jan- 
uary 4, 1860. — Constable Seaman of Lee Township, Polk 
County, and another prominent citizen, Lemuel Small, were 
sent to arrest one of the Bunker boys in Tama County in 
January, 1860. Before they returned they had arrested 
Charley and William Bunker. On their way back on Janu- 
ary 4th, they stopped at a grove near Mr. Klingman's house 
in Polk County and there attempted to extract a confession 
from their prisoners. In Wood's Grove or Buckingham 
Grove one of them was stretched up by the neck to induce 
him to confess. While this was being done the other Bunk- 
er endeavored to escape. Both Seaman and Small pursued 
him and when they returned with the captive they found 
that the man they had left hanging was dead. Then to pro- 
tect themselves they hanged the other Bunker and left them 
both dead. 

Seaman, Small, and Klingman were arrested on the 
charge of murder, but to convict them was another matter. 

ion Daily Express and Herald (Dubuque), Vol. XI, Thursday, June 16, 1859; 
Muscatine Daily Journal, Vol. IV, No. 302, Tuesday, June 21, 1859; and The 
Register and Leader (Des Moines), Vol. LVII, No. 195, Sunday, January 13, 
1907. 

ioo Correspondence of the writer. 



LYNCHINGS IN IOWA 207 

They escaped the officers and left the country. Seaman 
died in a short time, but when Small returned his case was 
again taken up and he was convicted. He finally escaped 
punishment, however, after a long contest. 107 

John Kephart, Jefferson County, July 5, 1860. — When 
William Willis of Muscatine decided to move westward with 
his family and seek a new home he employed a former 
preacher named John Kephart to aid him in the trip. 
When they had reached Missouri it is thought that Kephart 
killed Willis by poisoning him. Eemaining in Missouri for 
a time he sold whiskey to the Indians. The Willis family 
then took a northwestward route as far as Cherokee Coun- 
ty, and returned through Des Moines County along the Des 
Moines River valley, evidently returning to Missouri. On 
this journey Kephart discovered that Mrs. Willis had 
quite a sum of money ($410) in her possession and evident- 
ly in order to get this money he murdered her and her 
daughter, Mary Jane. One son, James T., was allowed to 
live. The two dead bodies were found on June 29, 1860, 
near Batavia in the sand and water of the Skunk Eiver. 

Kephart had been noticed as he passed through the coun- 
try and it was with little difficulty that his trail was fol- 
lowed. The sheriff and a posse overtook him at Upton, 
Missouri. The wagon showed marked evidences of the 
murder. Apparently the bodies had been carried in the 
wagon for some time, and an attempt to wash off the blood 
had resulted only in failure. 

107 Buchanan County Guardian (Independence), Vol. Ill, No. 44, Thursday, 
January 19, I860; The Begister and Leader (Des Moines), Fifty-seventh year, 
No. 34, Sunday, August 5, 1906; The Ranging of the Bunkers in the Aldrich 
Collections (Historical Department Library, Des Moines), Iowa History 2, p. 28, 
a clipping based on an account in the Eldora Herald; Blyler's Crimes in Pioneer 
Folic County Days, a clipping from The Begister and Leader (Des Moines) ; 
Chapman's History of Tama County, Iowa (1879), pp. 112-114; Boone Daily 
News, Vol. XVI, No. 92, Tuesday, April 19, 1904; and correspondence of the 
writer. 



208 IOWA JOURNAL OF HISTORY AND POLITICS 



On the third of July Kephart was brought to Batavia 
and placed in jail. Citizens took the little boy, James, who 
was found with Kephart, went over the trail that Kephart 
had followed, and found abundant evidence of his guilt. 

Stories of Kephart 's former career became current in the 
community and the recent murders caused a very tense 
feeling against him. It was claimed that Kephart was one 
of the gang of desperadoes that infested Kentucky at this 
time. It was also said that he had been condemned to death 
in Lancaster, Ohio, in 1833 for murder, but that he had 
escaped. 

The feeling ran so high that on Tuesday morning, July 5, 
1860, a mob from two hundred and fifty to four hundred 
strong, which finally increased in number to about 1000, 
came to the jail at Batavia, broke it open, and took Kephart 
out. He was placed in a wagon and driven to the place on 
the Skunk Eiver where the bodies were found. In the mean- 
time a grave had been dug and a scaffold erected for the 
execution. Here Kephart was allowed to speak, but no 
trial was given. He was shown the open grave which was 
to be the reward of his criminal career, and at three o 'clock 
in the afternoon the trap door was sprung and the old man 
was hanged until dead. After the lynching the mob quietly 
dispersed. 108 

los The Weekly Iowa State Begister (Des Moines), Vol. V, No. 22, July 11, 
1860; Judge Lynch in Jefferson County in The Begister and Leader (Des 
Moines), Vol. LV, No. 115, Friday, October 23, 1904; Burlington Daily Hawk- 
Eye, Ninth year, Friday, July 6, 1860; The Weekly Ottumwa Courier (New 
Series), Vol. V, Nos. 26 and 27, Thursday, July 5, and Thursday, July 12, 1860; 
Muscatine Daily Journal, Vol. V, Nos. 312 and 313, Friday, July 6, and Satur- 
day, July 7, 1860; Jaques's The Kephart Lynching in The Fairfield Tribune 
(New Series), Vol. XXXIX, No. 49, Wednesday, February 8, 1911; The His- 
tory of Jefferson County, Iowa (Western Historical Company, Chicago, 1879), 
pp. 410-412; True Story of Iowa Lynching in The Begister and Leader (Des 
Moines), Vol. LV, No. 122, Sunday, October 30, 1904; and correspondence of 
the writer. 



LYNCHINGS IN IOWA 



209 



Heiner, Polk County. — Some time in the early- 
part of the sixties a man named Heiner became suspected 
of being the leader of a gang of thieves in Polk County. 
The Vigilance Committee pursued him a long distance and 
finally caught him in the woods south of Des Moines. He 
was taken before a Justice of the Peace but the trial pro- 
ceeded too slowly to suit the committee. The defendant was 
discharged and the attorney was compelled to return to Des 
Moines without his client. That night Heiner disappeared. 
No one seems to know what became of him, but stories are 
current to the effect that he was hanged and thrown into the 
river. 109 

Philip McGuire, Pottawattamie County, October 16, 1860. 
— During the period when stealing was so common in 1860, 
Philip McGuire kidnapped John Williamson and a woman 
in Pottawattamie County and attempted to sell them into 
slavery. McGuire was captured on the Missouri Eiver with 
a lot of stolen goods, horses, and mules. He was arrested 
and placed in the cottonwood jail in Council Bluffs. During 
the following night, October 16, 1860, he was taken out by a 
mob and hanged to a tree on Mt. Lincoln. On a card at- 
tached to his dead body was this inscription: "Hanged for 
all kinds of rascality." 110 

Joseph Wert, Polk County. — During the war a man 
named Joseph Wert became known in the vicinity of Polk 
County as the leader of a gang of law-breakers. Wert had 
lived in Ohio and when he came to Iowa he was accompanied 
by a friend. For some reason Wert burned the tannery be- 
longing to his friend, who lived in Mitchelltown (Mitchell- 
ville). The Vigilance Committee took up the matter and as 

109 Correspondence of the writer. 

no History of Pottawattamie County, Iowa (O. L. Baskin & Company, His- 
torical Publishers, Chicago, 1883), p. 168. 



210 IOWA JOURNAL OF HISTORY AND POLITICS 



a result Wert was seen no more. Just what became of him 
is not known. 111 

Miller, Pottawattamie County, July, 1863. — About 

three years after the lynching of McGuire a man named Mil- 
ler was arrested and placed in the jail in Council Bluffs. 
One night in July, 1863, a mob again broke into the jail, 
took Miller out to the east part of town, and hanged him to 
a tree. He had been arrested for horse stealing in Har- 
rison County and had come to Pottawattamie County on a 
change of venue. 112 

and , Linn County, July 26, 

1863. — At the anniversary of Cornell College at Mt. Ver- 
non, Iowa, on June 26, 1863, many Copperheads were in 
attendance wearing badges. These southern sympathizers 
became so conspicuous that the crowd of about two thou- 
sand stopped proceedings to remove the badges. A ma- 
jority of the Copperheads did not resist when asked to take 
off the badges, but one man and a woman refused and the 
mob was obliged to use force. The man was choked into 
submission, while the woman had her dress badly torn by 
the mob. After the badges were removed the southern 
sympathizers were all forced to shout for the Union. As a 
result six men were arrested for riot, but they were all dis- 
charged for want of evidence. 1 13 

George Cyphert Tally and Wyant, Keokuk Coun- 
ty, August 1, 1863. — Southern sympathy ran high in Keo- 
kuk County during the war and probably reached its climax 
in what is known as the " Tally War" or the 4 'Skunk Kiver 

in Correspondence of the writer. 

112 History of Pottawattamie County, Iowa (O. L. Baskin & Company, His- 
torical Publishers, Chicago, 1883), p. 168. 

■us Muscatine Daily Journal, Vol. VIII, Nos. 286 and 295, Friday, July 3, 
and Wednesday, July 15, 1863. 



LYNCHINGS IN IOWA 



211 



War", in which Cyphert Tally was killed and his friend 
Wyant seriously wounded. A Democratic mass-meeting 
was held near South English on August 1, 1863, in which 
Tally was very prominent. During the meeting word was 
brought that the Eepublicans were holding a similar gath- 
ering in South English. Tally at once led the southern 
sympathizers to South English. Threats were made by 
Tally and his men and returned by the Republicans. Final- 
ly Tally drew a revolver and was about to open fire when 
someone interceded and induced him to put the gun away. 
Just as soon as the man turned his back Tally drew the re- 
volver again and began shooting. The Republicans opened 
fire in return. Tally was shot dead, while his friend Wyant 
was seriously wounded. The death of Tally caused the 
Democrats to withdraw and organize a large army south of 
Sigourney. So aroused and determined were they that 
Governor Kirkwood was forced to call out eleven companies 
of militia before the ' i Skunk River Army" could be dis- 
persed. Different estimates as to the number of men in the 
army range from five hundred to four thousand. Many 
arrests followed, but no convictions ever resulted. It was 
considered too expensive to prosecute so many and they 
were allowed to go free. 114 

Benjamin F. Alloway, William Spain, and Captain 

Geary, Keokuk County, August 22, 1863. — At one of the 
Copperhead meetings in Keokuk County some northern 

114 Iowa City Republican (weekly), Vol. XIV, No. 767, Wednesday, August 
5, 1863; The History of KeoTcuk County, Iowa (Union Historical Company, 
Des Moines, 1880), pp. 443-448; Report of the Adjutant General and Acting 
Quartermaster General of the State of Iowa, January 1, 1863, to January 11, 
1864, pp. 687-691; Lathrop's The Life and Times of Samuel J. Kirlcwood, 
Iowa's War Governor (1893), pp. 244-252; Eichelberger 's Bow Governor Kirk- 
wood Cowed a Mob on the Classic STcunk River in The Burlington Hawk-Eye, 
Sixty-first Year, No. 66, Sunday, August 29, 1909; and correspondence and 
interviews of the writer. 



212 IOWA JOURNAL OF HISTORY AND POLITICS 



soldiers came in and began to pull off the Copperhead 
badges that were so conspicuously displayed. Shooting en- 
sued and Benjamin F. Alloway was mortally wounded. 
William Spain was shot in the leg, and Captain Geary was 
wounded in the wrist. 115 

John Seaman, Appanoose County, February, 1864. — 
During February, 1864, the barn of Solomon Howard was 
burned and suspicion rested upon J ohn Seaman. The loss 
of the barn, which was worth about $2,50Q, was not the only 
loss, however, for a horse was stolen from Howard at about 
the same time. Evidence was produced against Seaman 
and he was brought before E. 0. Smith for preliminary 
hearing and was left in charge of a man named Trescott. 
That night about eleven o'clock the Vigilance Committee 
seized Seaman and took him to a secluded place near the 
widow Fyffe 's home just across the Missouri line and there 
shot him and left him for dead. Seaman was not dead, how- 
ever, and by morning he had crawled to widow Fyffe's home 
and found refuge. The news passed quickly back to the 
committee that Seaman was alive and on the next night, 
Saturday, they came and took him out to the hog lot and 
shot him again. This time the wounds were fatal and he 
was left to the hogs which had torn his body badly by morn- 
ing. Many people thought that Seaman was not guilty, but 
on the whole public sentiment supported the committee 
which lynched him. 1 16 

and , Madison County, 1864. 

— Two Union soldiers returned to Madison County in Sep- 

H5 The Weekly Ottumwa Courier (New Series), Vol. VIII, No. 33, Thursday, 
August 27, 1863. For the correct spelling of the name Alloway see Eoster and 
Record of Iowa Soldiers in the War of the Rebellion, Vol. I, p. 456 and for the 
spelling of the name William Spain, see p. 890. 

lie The History of Appanoose County, Iowa, (Western Historical Company, 
Chicago, 1878), pp. 378, 379; and correspondence of the writer. 



LYNCHINGS IN IOWA 



213 



tember, 1864, and finding southern sympathizers so out- 
spoken, they determined to lynch some of them. At this 
time two rebel soldiers were staying with some Copper- 
heads in Union Township. When the Union sympathizers 
learned of the presence of the rebel soldiers they took them 
to the woods and gave them a stretching by the neck to in- 
duce them to tell what their business was in Madison 
County. Some Union soldiers had just broken up a meet- 
ing of the Knights of the Golden Circle in Winterset and 
they were highly wrought up over the prevalence of south- 
ern sympathizers in Madison County. Another family was 
ordered out of the country because of their outspoken 
views. 117 

, Madison County, 1864. — The same two 

Union soldiers, mentioned above, also gave notice to a Cop- 
perhead, who had come from Missouri, to leave the country, 
but he refused. Thereupon they took him to the woods and 
stretched him up by the neck in order to force him to prom- 
ise to leave. This time he acceded to their demands. 118 

Benjamin A. McComb, Wapello County, August 3, 1864. — 
George Lawrence and Laura J. Harvey of Eockford, Illi- 
nois, were secretly married at Beloit, Wisconsin, early in 
1860, and together with Benjamin A. McComb they started 
westward in a covered wagon. In Wapello County, Iowa, 
on March 29, 1860, McComb murdered both of his compan- 
ions and hid the bodies near Ottumwa. The body of Laura 
J. Harvey was found on March 30, 1860, and Lawrence's 
body was found in July in a ravine near Ottumwa and iden- 
tified. On March 2, 1864, McComb was arrested in Daven- 
port and brought to Ottumwa for trial and after a long 
trial commencing on June 7, 1864, he was convicted of mur- 

117 Correspondence of the writer, 
us Correspondence of the writer. 

VOL. X — 14 



214 IOWA JOURNAL OF HISTORY AND POLITICS 

der in the first degree and sentenced to be hanged. On 
Angnst 3, a mob of abont two thousand men gathered in 
the streets of Ottumwa. Of this number a small band of 
men went to the jail and demanded the delivery of Mc- 
Comb. He was forcibly taken ont and after being allowed 
baptism by Father Kreckle he was taken down Court and 
Front streets. Here the mob halted and after a short par- 
ley took the Agency road. About a mile from town they 
came to a convenient tree. A rope was placed about Mc- 
Comb's neck and preparations were made for hanging. 

At this point there was a wavering in the mob's deter- 
mination which made it possible for a small group of de- 
termined men to make a rush and rescue McComb. Those 
who were in the rescue party were Hiram T. Baker, Chas. 
C. Peters, a man named Trimble, and Stephen Osborne, who 
was then marshal. A contest followed and the rope was 
thrown over the limb of a tree, but the few men worked to- 
gether so well that they succeeded in getting McComb away 
and back to Ottumwa. He was then placed in jail under a 
strong guard. The cause of the failure of the mob to suc- 
ceed in hanging McComb seems to lie in the fact that it 
lacked organization, determination, and leadership at the 
critical moment. 

Eleven persons were arrested for this lynching on the 
charge of riot, but so far as has been discovered none of 
them were ever convicted. McComb was legally hanged on 
February 17, 1865. 119 

no Daily Iowa State Begister (Des Moines), Vol. I, No. 74, Tuesday, April 3, 
1860; Ottumwa Daily Courier, Vol. XXXVIII, No. 75, Saturday, July 18, 1903; 
The Weekly Ottumwa Courier (New Series), Vol. IX, Nos. 28 and 29, Thursday, 
July 28, and Thursday, August 4, 1864; The History of Wapello County, Iowa | 
(Western Historical Company, Chicago, 1878), pp. 446-452; Burlington Daily 1 
Eawlc-Eye, Twelfth Year, Monday, February 20, 1865 ; The Cedar Valley Times 
(Cedar Eapids), Vol. XIII, Thursday, August 4, 1864; Muscatine Daily Jour- 
nal, Vol. V, No. 231, Tuesday, April 3, No. 239, Thursday, April 12, No. 247, 
Saturday, April 21, No. 274, Tuesday, May 22, No. 276, Thursday, May 24, No. 



LYNCHINGS IN IOWA 



215 



Fouch, Mahaska County, August 9, 1864. — A Cop- 
perhead named Fouch paraded Ottumwa on August 9, 1864, 
wearing Union badges and yet declaring that the Governor 
and the Government amounted to nothing. A wounded 
Union soldier took up the matter and after a short struggle 
tore off the badge which the Copperhead was disgracing. A 
little later Fouch was again seen with a Union badge on his 
hat and this time "William J. Hamilton tore it off and gave 
the wearer a good drubbing. Fouch drew a revolver, but it 
was taken from him. A mob composed mostly of women 
quickly gathered. Among them was Mrs. Fouch, the mother 
of the Copperhead, who appeared with a drawn revolver 
and would have shot Hamilton, but the mob which was com- 
posed mostly of northern sympathizers took the weapon 
from her. 120 

, Fayette County, January, 1865. — The 

wife of a certain soldier was seduced in Fayette County and 
her husband spread the news about the country. When the 
friends of the seducer found it out they banded together 
and one night in January, 1865, waylaid and brutally beat 
the soldier. Several members of the mob were detected and 
as a result the seducer and at least one of his friends were 
arrested and brought to trial. 121 

Henry Clay Bean, Henry County, April, 1865. — Another 
man who spoke too freely of his sympathy with the South 
during the war was Henry Clay Dean. Just after the death 
of Lincoln he was heard to say in public at Old Union Hall, 

292, Tuesday, June 12, Vol. VI, No. 25, Monday, August 6, 1860 ; Daily State 
'Register (Des Moines), Thursday, June 16, Saturday, June 18, Sunday, June 
19, Wednesday, August 10, Wednesday, August 31, 1864; and correspondence 
of the writer. 

iso Burlington Daily BawTc-Eye, Twelfth year, Saturday, August 13, 1864. 
12 i Daily Iowa State Register (Des Moines), Vol. Ill, No. 312, Tuesday, Jan- 
uary 17, 1865. 



216 IOWA JOURNAL OF HISTORY AND POLITICS 



Mt. Pleasant, that it was a good thing that he was killed. 
The Union men were so aroused that they secured a rope, 
put it around Dean's neck, and led him out of town. 122 

Jane Ragan, Cerro Gordo County, April, 1865. — Upon 
the receipt of the news of Lincoln's death in Mason City, 
Cerro Gordo County, Jane Eagan said that she was glad of 
it and would have rejoiced if her brother had fired the shot. 
This speech aroused the women of the neighborhood and a 
few of them gathered, took Miss Ragan to the creek, and 
gave her a ducking. 123 

, Wapello County, April, 1865. — A Copper- 
head at Eddyville remarked one day about the middle of 
April, 1865, that he thought that Lincoln should have died 
four years earlier and as a result a mob caught him and 
whipped him until he was nearly dead. He was then or- 
dered to leave the country. The victim confessed that his 
punishment was deserved. 124 

, Guthrie County, April, 1865. — About the 

time of the death of Lincoln a woman in Guthrie County 
made remarks that aroused northern feeling to the lynching 
point. The women of the community waited upon the south- 
ern sympathizer in Judge Lynch's court. 125 

Henry Mitchell, Lee County, May 4, 1865. — Another Cop- 
perhead, Henry Mitchell of Lee County, got himself into 
trouble because of certain disrespectful remarks which he 
made relative to the Union soldiers and the Government. 
On May 4, 1865, some Union soldiers caught Mitchell, put 

122 Correspondence of the writer. 

123 Daily Iowa State Eegister (Des Moines), Vol. IV, No. 88, Sunday, April 
30, 1865; and correspondence of the writer. 

12* Daily Iowa State Eegister (Des Moines), Vol. IV, Nos. 80 and 92, Thurs- 
day, May 4, 1865. 

]25 Daily Iowa State Eegister (Des Moines), Vol. IV, No. 100, Saturday, 
May 13, 1865. 



LYNCHINGS IN IOWA 



217 



flags and bells on him, and made him parade the streets of 
Ft. Madison. A large mob soon gathered at the depot 
where the final performances were in progress. After it 
was all over they told Mitchell to go, and in order to make 
him move more lively a soldier pursued him and headed him 
off. Mitchell drew a revolver, but the soldier took it from 
him and gave him a good drubbing. The mob then followed 
and taking off Mitchell's coat gave him twenty-five lashes 
with a wagon whip. Mitchell was forced to get down on his 
knees and pray for the Government, and to give three 
cheers for Andrew Johnson. After this he was allowed to 
go and the mob dispersed. 126 

James Henderson, Mills County, May 28, 1865. — James 
Henderson, for some time a resident of Glenwood, was a 
saloon keeper, gambler, and loafer. People suspected him 
of horse stealing, for the country was then overrun by horse 
thieves and many things seemed to indicate his guilt. On 
the night of May 28, 1865, a mob of about twelve men took 
him to a tree west of Glenwood and stretched him by the 
neck for a time in order to induce him to confess, but this 
plan failed to produce the desired effect. During the proc- 
ess Henderson was heard to say that if he ever got loose he 
would kill every member of the mob. This statement 
caused the mob to hang him and leave him until he was 
dead. Thus the Vigilance Committee lynched the man with 
whom the law was seemingly unable to cope. It was claimed 
that Henderson was the man who had raided the Treasur- 
er 's office and attempted to blow it up. 127 

Lacey, Pottawattamie County, June, 1865. — At 

three different times hold-ups and robberies occurred in the 

126 Daily Iowa State Begister (Des Moines), Vol. IV, No. 93, Friday, May 
5, 1865. 

127 Correspondence of the writer. 



218 IOWA JOURNAL OF HISTORY AND POLITICS 



vicinity of Council Bluffs with no arrests following. The 
man suspected was a man named Lacey. He was finally 
caught in June, 1865, by a prominent citizen and placed in 
the hands of the sheriff. The process of the trial was slow, 
and when the Vigilance Committee became convinced that 
this man was the one who had caused the trouble, they took 
him one night and hanged him in the center of the city. No 
one would file information against Lacey, not even his vic- 
tims, and the community apparently felt relieved when they 
saw him hanging dead in the heart of the city. 128 

, Mills County, June, 1865. — The Abolition- 
ists of Mills County hanged a Democrat and alleged horse 
thief in June, 1865, at Glenwood. 129 

Lake, Hamilton County, 1865. — For some cause 

which has not been discovered a man named Lake, living in 
Hamilton County, was taken out and lynched by whipping 
during the summer of 1865. Lake was then given orders to 
leave the country. 130 

Joseph Dunbar, Hamilton County, July, 1865. — Joseph 
Dunbar allowed his stock to run loose and they frequently 
invaded the fields of his neighbors, with the result that 
trouble arose over the destruction of property. The neigh- 
bors set the dogs on the stock in order to get rid of them, 
and it seems that Dunbar was suspected of securing re- 
venge by "hamstringing'' horses and injuring cattle. One 
night in July, 1865, prior to the fifteenth of the month, 
a mob of about a dozen men took Dunbar to the woods and 
gave him a severe whipping. In trying to defend him, his 
wife and daughter were very roughly treated. This fiog- 

128 Correspondence of the writer. * 

120 Quotation from the Keolculc Constitution in the Daily Iowa State Reg- 
ister (Des Moines), Vol. IV, No. 130, Sunday, June 18, 1865. 
130 Correspondence of the writer. 



LYNCHINGS IN IOWA 



219 



ging caused the depredations on stock to cease. Some of the 
most respected citizens of the community were arrested for 
participation in the lynching. 131 

Thomas Cole, Marion County, October 18, 1865. — A rob- 
bery occurred near Pella in October, 1865, and Thomas 
Cole, the suspected man, was caught by the officers at Eddy- 
ville and brought to Pella for trial. The robbery caused a 
loss of $360 to the victim, and only $4.05 could be found on 
the person of the accused. No evidence could be found to 
convict Cole, and he was discharged. On October 18th a 
mob of about fifty determined men caught Cole and sought 
to secure a confession by stretching him up by the neck. 
They left him up about four minutes and when they cut him 
down he was unconscious. In this condition he was left in a 
driving storm which revived him. His friends secured a 
physician and found that his spinal cord was badly in- 
jured. 132 

James Hiner, Clinton County, October 18, 1865. — An al- 
leged horse thief, James Hiner, was taken by the Eegu- 
lators from the De Witt jail on the night of October 18, 1865 y 
and hanged until dead. He was then buried secretly. 133 

, , and , Monona County, April 19, 

1866. — A number of men came over from Nebraska in 1866 
and made depredations upon the timber belonging to the 
people of Monona County. In April a deputation of citizens 
gave the trespassers instructions to get out of the country. 
At first they refused to depart and a fight ensued in which 

isi Correspondence of the writer. 

132 Daily Iowa State Register (Des Moines), Vol. IV, No. 234, Friday, Octo- 
ber 20, 1865; Dubuque Herald, Vol. XV, No. 85, Friday, October 27, 1865; and 
Iowa City Republican, Vol. XVII, No. 884, Wednesday, November 1, 1865. 

133 Daily Iowa State Register (Des Moines), Vol. IV, No. 247, Saturday, 
November 4, 1865. 



220 IOWA JOURNAL OF HISTORY AND POLITICS 



they were persuaded that the best thing for them to do was 
to return to Nebraska. 134 

Garrett F. Thompson, Monroe County, June 9, 1866. — 
The Vigilance Committee of Monroe County began a sys- 
tematic search for horse thieves who were operating in that 
county in 1866, and in June they discovered Garrett F. 
Thompson, who was supposed to be at the head of the gang. 
Thompson was a resident of the county living near Blakes- 
burg. During the examination of the prisoner in Albia on 
June 9th a mob pushed into the court room and seized him. 
He was placed in a wagon and taken to the woods. The 
sheriff organized his forces to recapture Thompson, but the 
mob was organized also and recapture was impossible. A 
jury of twelve men was selected to try the prisoner. Mar- 
shals were appointed and strict guard was kept on the out- 
skirts of the mob. The jury returned a verdict of guilty 
and recommended hanging as a penalty. The situation 
which Thompson at first took as a joke became serious when 
a rope was placed about his neck and prayer was offered for 
his soul's welfare. After this he was forced to stand on a 
box while the rope was fastened to the limb of a tree. The 
box was then pushed from under him. As the rope tight- 
ened about his neck he confessed that he had killed one man 
in his lifetime. 135 

Thompson and Thompson, Monroe County. 

— The two sons of Garrett F. Thompson, whose lynching is 
described above, were lynched some time later, the cause or 
date of the occurrence not being known. 136 

134 Quotation from the Monona Gazette in the Daily Iowa State Register, 
Vol. V, No. 80, Thursday, April 19, 1866. 

135 Hickenlooper's An Illustrated History of Monroe County, Iowa (1896), 
pp. 174-177; Centerville Daily Citizen, Vol. XIII, No. 43, Monday, February 11, 
1907; Daily Iowa State Register (Des Moines), Vol. V, Nos. 124 and 126, Sat- 
urday, June 9, and Tuesday, June 12, 1866; and correspondence of the writer. 

136 Correspondence of the writer. 



LYNCHINGS IN IOWA 



221 



John Foster and David Marney, Monroe County, June 14, 
1866. — The Eegulators of Monroe County were not satis- 
fied with the lynching of Thompson, but caught John Foster 
and David Marney, who lived near Orleans in Appanoose 
County, and brought them to Monroe County. They were 
charged with horse stealing and on June 14, 1866, in Judge 
Lynch 's court a confession was forced from them. Further 
details have not been discovered, except that they were then 
turned over to the authorities. 137 

— , Warren County, July 26, 1866. — A War- 
ren County man had a horse stolen some time in June, 1866, 
and he offered a reward of $50 for the return of the horse 
and $150 for the arrest of the thief. On July 26th two men 
returned the stolen horse to the owner, mildly stating that 
the thief was on the prairie to the westward. The infer- 
ence, of course, is that he was lynched. 138 

, Floyd County, July, 1866. — A mob of 

boys at Marble Eock, Floyd County, caught a man whom 
they supposed to be a horse thief, and took him to the woods 
and stretched him up by the neck until he was nearly dead, 
in a vain attempt to extract a confession from him. It was 
later learned that the man was an idiot. The event prob- 
ably happened some time in July, 1866. 139 

Simon K. Mann and Charles Ross, Lucas County, 1866. — 
Two notorious horse thieves, Simon K. Mann and Charles 
Eoss, were caught by the Vigilance Committee of Monroe 
County and lynched in 1866. These two men were found 

137 Daily Iowa State Register (Des Moines), Vol. V, No. 130, Saturday, 
June 16, 1866; and Hiekenlooper 's An Illustrated History of Monroe County, 
Iowa (1896), pp. 177, 178, 

iss Daily Iowa State Register (Des Moines), Vol. V, No. 165, Saturday, July 
28, 1866. 

139 Daily Iowa State Register (Des Moines), Vol. V, No. 169, Thursday, Au- 
gust 2, 1866. 

1 



222 IOWA JOURNAL OF HISTORY AND POLITICS 



near the Missouri line and the committee hanged them up to 
trees for a time, thus forcing a reluctant confession from 
them. They were then turned over to the authorities for 
prosecution and Eoss was given five years in the penitenti- 
ary, where he died of paralysis some time later. Mann was 
sentenced for two years in the penitentiary, but he was 
pardoned before his term had expired. It is said that after 
his pardon he went to Missouri where he was finally killed 
by lynchers. 140 

Dr. A. L. Robinson, Marion County, November 23, 1866. — 
Dr. A. L. Robinson of Pella married one of the prettiest 
girls of the town in November, 1866, and by so doing 
aroused the animosity of a number of the Central Col- 
lege students. On or about the 23rd of November Eobinson 
was caught and given a good coat of tar and feathers. As 
a result he caused the arrest of six of the students, but they 
were acquitted. 1 41 

William Lawn and Patrick Lawn, Mills County, June 14, 
1867. — Two brothers-in-law of James Henderson, who was 
lynched in Mills County in 1865, escaped being lynched with 
him because they were in the far West at the time. These 
men, William and Patrick Lawn, returned from Pike 's Peak 
to Glenwood not long after the lynching of Henderson. 
Leaving Glenwood one day in June, 1867, they went to 
Council Bluffs and while there stopped at a hotel. It is said 
they left Glenwood because of trouble which had begun 
when they were drunk; and to avoid being arrested they 
fled to Council Bluffs. The marshal was sent to arrest them 
on the night of June 14, 1867, and just as he emerged from 
the hotel with his prisoners, the Vigilance Committee seized 

140 Hickenlooper's An Illustrated History of Monroe County, Iowa (1896), 
p. 173; and correspondence and interviews of the writer. 

141 Daily State Register (Des Moines), Vol. V, Nos. 277 and 289, Friday, 
November 23, and Saturday, December 8, 1866. 



LYNCHINGS IN IOWA 



223 



the Lawn boys and hurried away with them. They were 
taken into Mills Comity where they were lynched. A large 
public indignation meeting followed the lynching and sev- 
eral men who were suspected of being in the mob were ar- 
rested. Indictments were made in Pottawattamie County 
for kidnapping and in Mills County for murder, but no con- 
victions followed. The cases were prolonged for years and 
were finally dropped in February, 1872. The mob was com- 
posed largely of Southerners. 142 

, , and , Scott 

County, September 21, 1867. — Three thieves raided the 
cloak rooms of a building where a party was being held at 
Hickory Grove in Cedar County, in September, 1867, and 
succeeded in getting away with about $28 worth of goods. 
The Hickory Grove Company took up the matter and in a 
short time found the offenders. Two of the men were 
strangers in the community, and they had drawn the hired 
hand of William Hendry into the plot. On Saturday night, 
September 21st, the Company gave all three thieves a se- 
vere whipping and ordered them to leave the country. 143 

John McRoberts, Bremer County, 1868. — In order to 
cope with the increased amount of stealing that followed 
the war, a 6 ' Horse Alliance" was organized in Bremer 
County. John McEoberts, a returned soldier, with a com- 
rade, decided to visit some girls of Cedar Falls and in order 
to do this they stole two horses on their way. After riding 
them for some distance they turned them loose. The 
"Horse Alliance" took up the matter, pursued the thieves 
and caught McRoberts in Cedar Falls, his comrade having 
made his escape. The mob brought him back to Bremer 
County and on the following morning his body was found 

142 Correspondence of the writer. 

143 Daily State Register (Des Moines), Vol. VI, No. 226, Friday, September 
27, 1867. 



224 IOWA JOURNAL OF HISTORY AND POLITICS 



hanging to a tree in a pasture two miles south of Waverly. 
Although investigation was made, nothing resulted from 
the attempt to bring the lynchers to justice. 144 

Adam Cuppy, Shelby County, February, 1868. — Adam 
Cuppy had become notorious as a friend of the horse 
thieves and about February, 1868, a mob lynched him at 
Harlan. John M. Long was tried for participating in the 
affair, but he was acquitted after a long trial and after at 
least one change of venue. 145 

Charles Brandon, Mahaska County, September 21, 1868. 
— u On the night of September 21, 1868, Chas. Brandon, of 
Mahaska County was taken to the woods and hanged by a 
crowd of Vigilants from Monroe County. Brandon was ac- 
cused of horse-stealing. An action was instituted in court 
for $10,000 against the lynchers, and $800 damages award- 
ed. The defendants were Reuben Way, Daniel C. Gladson, 
Mathew Maddox, B. F. Deats, Lewis Maddox, Wm. Martin, 
Jas. Hoagland, Geo. Neal, and Wesley May." 146 

William Jackson and James Orton, Fremont County, 
January 18, 1869. — During the progress of a dance at the 
home of Milton Holloway near Thurman about the middle 
of January, 1869, two noted characters, William Jackson 
and James Orton of Fremont County, attempted to break 
up the party, but met with opposition. In the struggle 
Milton Holloway received wounds from which he soon died. 
Orton was captured at the time, but Jackson made his es- 
cape to Nebraska where a few days later he was captured 
at Weeping Water. On January 17th the two men were 
placed in the jail at Sidney, where they remained during 

mlowa City Eepublican, Vol. XXXIV, No. 125, Thursday, September 11, 
1909. See also the Waverly Democrat of the same week. 
145 Correspondence of the writer. 

140 Hickenlooper's An Illustrated History of Monroe County, Iowa (1896), 
p. 173. 



LYNCHINGS IN IOWA 



225 



the following day. That night a mob numbering from fifty 
to a hundred men came to the jail and demanded the pris- 
oners. Being refused, the mob broke open the jail with 
sledges and took them out. In Plum Hollow about a mile 
from town they were both hanged to an oak tree. 147 

DirJc Vink, Marion County, May 12, 1869. — Dirk Vink, a 
Hollander, was for some time a clerk in Gr. Dingeman's 
store on Washington Street in Pella, but later he changed 
his business and went into partnership with Jongewaard. 
It was claimed that Vink became intimate with Dingeman 's 
wife and trouble soon arose over the charge. A letter was 
sent to Vink warning him that if he did not leave town he 
would suffer. Vink took the letter to Mayor Hospers on 
May 12, 1869. Finding the Mayor busy he went away and 
called again at about seven o'clock on the evening of the 
same day. After making the matter known to the mayor 
he started for home, but no sooner was he outside the build- 
ing than several men seized him and took him behind the 
Mayor's office. Here he was beaten and stamped upon after 
he had been gagged and a sheep's skin had been put over 
his head. He was then stripped and given a coat of tar and 
feathers. While this was going on a rope was drawn tight- 
ly about his neck to keep him from uttering a cry of dis- 
tress. The Mayor learned of the lynching, but was too late 
to give any assistance and the offenders all escaped. 148 

Murdoch, Fremont County, November 16, 1869. — 

The ferry boat at Nebraska City was boarded on November 
16, 1869, by a ruffian named Murdock. Trouble soon arose 
between him and the officers. Murdock drew a pistol to 
shoot his opponents, but in this attempt he was disappoint- 
ed for the men disarmed him. As soon as the ferry reached 

147 Correspondence of the writer. 

14 8 Burlington Daily HawTc-Eye, Tuesday, May 18, 1869. 



226 IOWA JOURNAL OF HISTORY AND POLITICS 



the Iowa bank Murdock landed, procured another weapon, 
and opened fire on the ferry boat. He succeeded in wound- 
ing several people on board and then fled. He was pursued 
and caught by five men from Talbert's Saw Mill and placed 
in an old pork house belonging to Robert Hawk. Here the 
men attempted to hang him, but he succeeded in getting 
down and, dragging the rope which was still about his neck, 
he fled toward the river. He was again caught and this time 
was hanged until dead to a willow tree about half a mile 
north of East Port. 149 

Jackson Fisher, Polk County. — The Vigilance Committee 
of Polk County, one Sunday night in the early seventies, 
caught a man named Jackson Fisher, supposed to be a mem- 
ber of a gang of outlaws, and choked a confession out of 
him by putting a rope around his neck and hanging him up 
to a tree several times in succession. He divulged consid- 
erable information relative to the other thieves which re- 
sulted in twenty-one indictments against three of his 
family. The first of these cases was taken from Polk to 
Dallas County on change of venue and the trial occupied 
about two weeks of time. At this rate it was evident that 
trial on the twenty-one indictments would prove too ex- 
pensive to the county, and consequently the other offenders 
were dismissed. The Fisher family soon left the country. 150 

, Muscatine County. — Some time between 

1870 and 1880 a negro came to Muscatine and attempted an 
assault upon a girl living in that city. A mob gathered and 
dragged the negro through the streets with a rope around 
his neck until some determined policemen finally rescued 
him. Doubtless he would have been killed had not the po- 
licemen interfered. 151 

^Burlington Daily HawTc-Eye, Tuesday, May 18, 1869; and correspondence 
of the writer. 

iso Correspondence of the writer, 
wi Correspondence of the writer. 



LYNCHINGrS IN IOWA 



227 



Hiram Wilson, Lucas County, July 6, 1870. — On July 6, 
1870, Hiram Wilson came to Chariton with a horse which 
he tried to sell, and being a stranger in the town, he was at 
once suspected of being a thief who had stolen a horse that 
had recently been advertised. Sheriff Gaylord Lyman iden- 
tified the horse and attempted to arrest Wilson. Wilson 
insisted that he was innocent and offered to bring witnesses. 
The sheriff agreed to go with him to secure the witnesses 
but Wilson refused, and when the sheriff persisted in his 
intention to go, Wilson drew a revolver and mortally 
wounded him. Wilson then mounted a horse which was 
tied near by and fled, pursued by a mob of townspeople. He 
took refuge in the woods about a mile from town and a long 
search followed in which Wilson several times attempted to 
kill his pursuers. He was finally caught and brought to 
Chariton where the dying sheriff identified him as the man 
who had mortally wounded him. About ten o'clock on the 
night of July the sixth, Lyman died, and as soon as the 
word of his death passed through the mob that had already 
gathered, a move was made toward the jail. The door was 
broken open and Wilson was taken out and hanged from a 
window in the second story of the court house. Nothing 
was done toward prosecuting the lynchers. 152 

and , 1872. — In 1872 a county 

treasurer and a county auditor were "escorted heaven- 
ward'' because they would not vacate their offices at the 
expiration of their terms of office. They were forced to 
profess repentance and were then loosed. No names are 
given in the account of this lynching and not even the 
county where it occurred is stated. 153 

!52 The History of Lucas County, Iowa (State Historical Company, Des 
Moines, 1881), pp. 563-569; and correspondence of the writer. 

!53 Daily Iowa State Eegister (Des Moines), Vol. XI, No. 55, Wednesday, 
March 6, 1872. 



228 IOWA JOURNAL OF HISTORY AND POLITICS 



Samuel Mintum, Cedar County, February, 1873. — "Sam- 
uel Minturn, a hard case, as the Press calls him, was tarred 
and feathered at Mechanicsville last week — being decoyed 
into a retired building by a gang of men who there accom- 
plished their purpose." 154 

James A. Bonnell, Harrison County, 1873. — A circus 
came to Magnolia about the middle of the year, 1873, to give 
an afternoon and evening performance. The evening per- 
formance was attended by many young people from the 
country, among whom were Jerome B. Hardy and a lady 
friend. During the performance a man named James A. 
Bonnell paid particular attention to the couple and after 
the performance he followed them to the country. When 
the couple had reached a certain graveyard, Bonnell at- 
tacked them and so frightened Hardy that he fled, deserting 
his friend who was pursued and finally caught. A fierce 
struggle ensued in which Bonnell accomplished his purpose. 
He then fled to Little Sioux where the circus was to give 
performances on the following day. Here the officers cap- 
tured him and took him back to Magnolia. A mob took him 
from the officers, placed a rope about his neck, and was 
about to hang him when he was rescued by a quickly organ- 
ized band of men. Bonnell fought like a demon to keep 
from being lynched and when he was taken into custody 
again he was a reeking mass of filth. He was tried, found 
guilty, and sentenced to ten years in the penitentiary. 
After five years had elapsed the community was shocked to 
find that the woman whom he had assaulted headed a pe- 
tition to the Governor for his release. The petition was 
granted and Bonnell was released. 155 

154 Daily Iowa State Register (Des Moines), Vol. XII, No. 49, Thursday, 
February 27, 1873. 

ifT, Smith's History of Harrison County, Iowa (Iowa Printing Company, Des 
Moines, 1888), pp. 288-291. 



LYNCHINGS IN IOWA 



229 



Charles Howard, Polk County, December 15, 1874. — On 
June 14, 1874, a Scotchman named Johnson was murdered in 
Des Moines and for a time the deed was a mystery. In Au- 
gust, however, suspicion fell heavily upon Charles Howard 
and his wife who had lived in the vicinity of the murder, but 
who had gone to the country immediately afterwards. 
Howard was arrested on August 28th and brought to Des 
Moines for trial. The trial was long and tedious, but he 
was finally convicted of murder in the first degree on De- 
cember 14, 1874. During the day talk of lynching him be- 
came so prevalent that an extra guard was placed about the 
jail, and the Olmstead Zouaves were called out. They re- 
mained about the jail until two o'clock and then seeing 
nothing unusual, they dispersed and went home. Soon after 
two o'clock the mob which had so thoroughly planned the 
lynching arrived at the jail doors. There were about five 
hundred armed masked men in the mob. Everything was so 
quietly done that when the leader knocked at the jail door 
the jailor came and opened it, thinking it was a policeman. 
An opening was thus made and the mob rushed in, seized 

I the prisoner, and dragged him half naked out of the build- 
ing. He was hurried to a lamp post in the corner of the 

, court house yard and hanged. The Vigilants then shot his 
body full of holes and quietly dispersed. Many attempts 
were made to find the lynchers and prosecute them, but all 
attempts failed. 156 

George W. Kirkman, Story County, May 9, 1875. — A 
barn belonging to William Zinsmaster of Washington 

156 The Homestead and Western Farm Journal (Des Moines), Vol. XIX, Nos. 
51 and 52, Friday, December 18, and Friday, December 25, 1874; The Register 
and Leader (Des Moines), Vol. LXI, No. 109, Tuesday, October 18, 1910; 
Iowa City 'Republican, Vol. XXVIII, No. 7, Wednesday, December 23, 1874; 
The History of Folk County, Iowa (Union Historical Company, Des Moines, 
1880), pp. 525-530; Porter's Annals of Folk County, Iowa, and City of Des 
Moines (1898), pp. 531-542; and correspondence of the writer. 

VOL. X — 15 



f 



230 IOWA JOURNAL OF HISTORY AND POLITICS 

Township, Polk County, was burned in December, 1874, and 
as trouble had existed for some time between Zinsmaster 
and his son-in-law, George W. Kirkman, the latter was nat- 
urally suspected of having been responsible. A mob of one 
hundred and fifty or two hundred men went to Kirkman's 
home, but was persuaded to disperse without doing serious 
violence. 

Kirkman later removed to Story County and on the night 
of May 9th a mob came to his home and took him away with 
a rope about his neck. He was hanged to a small tree and 
the mob dispersed. The lynching was preceded by a warn- 
ing in which Kirkman was told to leave the country or he 
would be sent to his "long home". Kirkman disregarded 
the warning and was lynched as a result. Some accounts ' 
state that the Vigilance Committee did the lynching; while 
others declare that it was the result of a family feud that 
had existed for some time between Kirkman and Zinsmas- I 
ter, in which case the lynching was probably accomplished 
by a very small band of Kirkman's personal enemies. 157 

Archie Smith, Wapello County, June 29, 1875. — Albert 
Logan, a policeman in Ottumwa, was shot and mortally 
wounded by Archie Smith on June 29, 1875. The police 
soon caught Smith and were taking him to the city hall for j 
preliminary hearing. Plans were quickly and carefully 
made by a mob, and before Smith could be taken into the I 
city hall, he was seized and hanged to a lamp post. The 
city marshal was badly injured in an attempt to protect 
the prisoner. 158 

157 Boone County Democrat, Vol. VIII, No. 13, Wednesday, May 19, 1875; I 
Allen's The History of Story County, Iowa, pp. 72-75; Marshalltown Times 
Eepublican, Vol. XXXVI, No. 231, Saturday, October 1, 1910; Porter's Annals I 
of Folic County, Iowa, and City of Des Moines (1898), pp. 542, 543; and cor- 
respondence of the writer. 

158 Ottumwa Daily Courier, Vol. X, No. 233, Tuesday, June 29, 1875; and 
correspondence of the writer. 



LYNCHINGS IN IOWA 



231 



Michael Mishiek, Tama County, July 9, 1877. — The con- 
stable of Tama County, Charles Whitney, was shot by 
Michael Mishiek on the morning of June 9, 1877. Mishiek 
had stabbed Charles Harring a few days previous and 
Whitney had gone to arrest him, but met with resistance. 
Mishiek was finally arrested by several officers and taken 
to Toledo. Here a mob met them and struggled with the 
officers for possession of the prisoner. At one time they 
had a rope around his neck and succeeded in stretching him 
up almost long enough to extinguish life, but he was res- 
cued. When the officers finally got him in jail they guarded 
him closely day and night to prevent the mob from again 
taking him. 159 

, Mahaska County, July 30, 1877. — A farm- 
er from Indianapolis, Iowa, attempted rape on a young girl 
in a neighboring town in 1877. The women of the com- 
i munity ordered the farmer to leave the country at once and 
1 he followed their advice. After things seemed quiet again, 
he ventured to return, but he found the feeling against him 
I as strong as before. A mob of women seized him on July 
30, 1877, and hanged him to a tree. 160 

Reuben Proctor, Warren County, November 16, 1877. — 
While Miss Augusta Cading was lying sick at her home on 
November 12, 1877, Eeuben Proctor entered and attempted 
! to murder her. In the struggle Miss Cading pulled off the 
mask that Proctor wore and recognized him. He was ar- 
rested and tried at Schonberg for attempting to commit 
murder. A mob endeavored to lynch him on the night of 
his arrest, Monday, November 12, 1877, but failed. On the 
sixteenth, however, as the sheriff was taking Proctor to 

159 Iowa State Register (Des Moines), Vol. XVI, No. 175, Saturday, July 
14, 1877. 

160 Iowa State Register (Des Moines), Vol. XVI, No. 190, Tuesday, July 31, 
1877. 



232 IOWA JOURNAL OF HISTORY AND POLITICS 



supper, a mob of masked men seized him and he was hur- 
ried across the street, where he was hanged. Few words 
were spoken and after the man was dead the leader quietly 
told the members of the mob to return to their homes. 
Some accounts state that after the mob dispersed Proctor 
was taken down and that he survived. 161 

John Mason, Benton County, July 7, 1878. — John Mason, 
a bad character living in Benton Township, Benton County, 
was alarmed on Sunday morning, July 7, 1878, as he was 
driving along the road, by some ruffians in the brush. He 
jumped from the buggy and was mortally wounded by a 
volley from the brush. He was carried to his home and 
placed in bed. That night as G. F. McCay and Millard F. 
Tracy sat in the house with the wounded man an armed 
mob, masked to defy detection, came to the house and shot 
Mason in bed. Mason is said to have had money under his 
pillow, but none could be found after the mob left. 162 

William Hicks, Benton County, June 10, 1878. — William 
Hicks and a man named Jones became suspected of petty 
thieving and were the subjects of the wrath of the Regu- 
lators. On the night of June 10, 1878, a mob came to the 
Hicks home and burned his barn. Hicks came out and was 
shot by the mob and severely wounded. He fled and es- 
caped from the community. The mob then went to lynch 
Jones and fired several volleys into his house, but obtained 
no response. They finally dispersed. 163 

Doctor H. C. Cohee, Washington County, May 22, 1882.— 
Doctor H. C. Cohee became suspected of being the leader of 

ici The History of Warren County, Iowa (Union Historical Company, Des 
Moines, 1879), pp. 462-473; and The Iowa State Leader (Des Moines), Friday, | 
November 16, and Monday, December 10, 1877. 

162 The History of Benton County, Iowa (Western Historical Company, Chi- ] 
cago, 1878), pp. 380, 381. 

ic3 The History of Benton County, Iowa (Western Historical Company, Chi- 
cago, 1878), p. 380. II 



LYNCHINGS IN IOWA 



a gang of horse thieves in Washington County in 1882, and 
on the afternoon of May 22nd at about three o'clock a mob 
of nearly seventy-five men went to his home to lynch him. 
A rope was placed about his neck and he was about to be 
hanged, but he plead so earnestly that the mob finally al- 
lowed him to live, upon his promise to leave the country 
forever. He left Washington County, but entered suit 
against the leaders of the mob in Wapello County. He won 
his case, but received only five cents damages. 164 

, Grundy County, 1883. — "An occurrence 

took place at Wellsville, Grundy county, during the recent 
cold weather of this winter which smacked pretty strongly 
of the return of the whipping-post. Report has it that a 
fellow called at the house where there was a little boy and 
his sister as the only ones at home. He hired the little boy 
to go away and then undertook to take his desired liberty 
! with the girl. But the little boy returned, and taking the 
i alarm from his screaming sister, he secured the attention 
of a few men who caught the rascal, stripped him of most of 
his clothing and turned him loose upon the prairie and 
whipped him with a blacksnake whip as they chased him 
around through the snow. It was a severe gauntlet for the 
fellow, but a very good punishment after all, and if applied 
oftener for such offenses would make an improvement in 
! conduct." 165 

John Anderson and Frank Brown, Cass County, June 3, 
1883. — The "Troublesome Creek Outlaws", or "Crooked 
Creek Gang", as they were sometimes called, were making 
a conspicuous criminal record in Audubon and surrounding 
counties in the early eighties. John Anderson and Frank 
Brown had both been indicted and sought revenge on those 

164 Correspondence of the writer. 

les Iowa State Register (Des Moines), Vol. XXII, No. 45, Thursday, Febru- 
ary 22, 1883. 



234 IOWA JOURNAL OF HISTORY AND POLITICS 



whom they thought responsible. On Saturday night, June 
3, 1883, these two men came from Atlantic to Wiota. They 
had been in Atlantic all day drinking and were in such a 
condition when they reached Wiota that they were ready 
to make trouble. They went to Sloodt's saloon making 
threats as they went. They even paraded the streets, shoot- 
ing their revolvers incessantly. It is said that Anderson 
went to Wiota to kill Samuel Howlett. Evidently some 
scheme was laid to kill the outlaws, for as they passed an 
implement building both were shot and mortally wounded, 
the bullets coming from different directions and almost ex- 
actly at the same time. Evidently one of the shots was fired 
from the north and the other from the east. Brown de- 
clared that the persons who had shot them had followed 
them from Atlantic. Both men died in a short time. 

The citizens had waged war against the outlaws for some 
time and had killed Carl and Rail Strahl and wounded John 
Millhollen. Other members of the gang who had not been 
waited upon by the citizens at the time of the above incident 
were "Bill" Narthgraves, and Robert Van Winkle. 166 

John Harnner, Madison County, June 3, 1883. — William 
Newell, an old soldier living at Winterset, mysteriously dis- 
appeared from the vicinity in 1882 and no one seemed to be 
able to account for his absence. In May, 1883, word came 
from Anamosa that a man named Charles Pugh, who was 
confined at that place, had confessed to the fact that he was 
an accomplice in the murder of Newell. John Hamner had 
been the chief criminal and had done the deed in order to 
get Newell's pension money, and the two had buried him in 
a fence corner in the woods where he was murdered. Ham- 
ner had attempted the murder alone one night in 1882. He 
had secured the money, but on the following morning when 

i«6 Iowa State Begister (Des Moines), Vol. XXII, No. 133, Tuesday, June 5, 
No. 134, Wednesday, June 6, and No. 141, Thursday, June 14, 1883. 



LYNCHINGS IN IOWA 



235 



he returned with Pugh to dispose of the body they found 
the man still alive. Thereupon a stone was seized and 
Newell was killed by mashing his head. 

When Pugh was brought back from Anamosa the facts 
were established. The community was greatly wrought up 
over the matter and a mob attempted to get Hamner, but 
failed. Soon after midnight on June 3rd a mob came again 
to the jail where Hamner was confined and forced their 
way in, took Hamner out, and hanged him to a tree. He was 
then shot full of holes and the masked mob rode away. 
During the attack by the mob the ♦officers appeared at the 
upper windows, but were frightened back by threats. The 
mob was so well organized that it would have been a difficult 
matter to have rescued Hamner since all the streets and 
alleys were guarded. 167 

William Barber and Isaac Barber, Bremer County, June 
8, 1883. — The Barber brothers were noted desperadoes in 
Bremer County and in other regions. The murders of 
Charles McMahan, John Carlock, and Robert Matheny at 
Mount Pulaski, Illinois, as well as many other dark deeds,, 
were attributed to them. On September 7, 1882, Deputy 
Sheriff Shepard of Wadena, Iowa, attempted to arrest 
them, but he was shot and killed. The Barbers then mount- 
ed horses and rode away into the woods. As soon as the 
deed was known a mob pursued them, but the trail was lost 
by taking the advice of an accomplice of the Barbers, who 
put them upon the wrong road. On the sixth of June the 
Barbers were again seen and officers arrested them at Trip- 
oli. They were placed in the Waverly jail. About eleven 
o'clock on the night of June 8th a mob headed by Marion 

167 Iowa State Register (Des Moines), Vol. XXII, No. 126, Sunday, May 27, 
No. 129, Thursday, May 31, No. 132, Sunday, June 3, No. 133, Tuesday, June 5,, 
1883; a clipping from the Winterset Madisonian ; and correspondence and inter- 
views of the writer. 



236 IOWA JOURNAL OF HISTORY AND POLITICS 



Shepard, the brother of the deputy sheriff, came to the jail, 
broke it open with sledges, and took the prisoners out. 
When the sheriff saw what had been done he called to the 
mob to take the Barber brothers out of town if they were 
determined to lynch them. This request was granted and 
the mob moved out of town about a half mile southeast to 
Murphy's Grove. The prisoners were given a chance to 
speak, and prayer was offered while the members of the 
mob bowed their heads in silence. After the hanging the 
mob dispersed. No prosecutions followed. 1 68 

Simpson Tylor Crawford, Shelby County, July 14, 1883. 
— The murder of Mayor Shubbs of Polk City occurred in 
April, 1883, and was followed by the murder of Postmaster 
Clingan, on July 10th. The whole country was aroused and 
great numbers of people started in search of the criminals. 
By the use of telephones and telegrams the trail was found 
and a long chase followed. The mob finally drove them into 
ambush in Elkhorn Grove in Shelby County. This grove 
was almost impassable on account of the undergrowth, and 
therefore it afforded good protection. The grove extended 
over about three hundred acres and in order to make sure 
of catching the hiding men thorough organization was nec- 
essary. The mob surrounded the grove and marched 
through it systematically. Among the mob was Willis Hal- 
lock, a brother of the George Hallock who shot Strahl and 
Millhollen of the Crooked Creek gang. 169 Hallock was shot 
by one of the refugees just as he was giving the alarm that 
he had discovered them. The first day's search, however, 
proved unsuccessful, so the mob built fires about the grove 
and encamped. A constant fusillade was kept up all night. 

io8 Iowa State Begister (Des Moines), Vol. XXII, Nos. 137 and 138, Satur- 
day, June 9, and Sunday, June 10, 1883 ; The Midland Monthly, Vol. II, No. 3, 
September, 1894, pp. 213-216; and The Burlington Eawlc-Eye, Saturday, Juno 
9, 1883. 

IM See the case of John Anderson and Frank Brown, p. 233. 



LYNCHINGS IN IOWA 



237 



The search began again early in the morning and con- 
tinued for three hours before the pursuers again caught 
sight of the criminals. When the hunted men saw that they 
were discovered they again tried to defend themselves by 
shooting. The mob pressed close upon them and as they 
ran they came to the open country where Levi Montgomery 
shot one of them named Crawford and wounded him so bad- 
ly that he died in a few minutes. Before he died he con- 
fessed that he was the one who had shot the men in pursuit. 

The other desperado succeeded in getting back to the 
woods again during the disturbance over Crawford, but he 
was soon rediscovered and forced to surrender under 
threats of instant death if he resisted. The mob was so 
wild with excitement that they took one of their own num- 
ber, Alfred Craig, to be the desperado and shot him. The 
wound was not serious, however. The mob would have 
lynched Hardy, 170 the captured desperado, immediately if 
there had not been strong persuasion and a show of police 
force. A rope was placed about his neck at one time, but 
the more conservative members of the mob succeeded in 
getting it off again. Hardy was then placed in the jail at 
Harlan, where the mob found him later. 171 

William P. Hardy, Shelby County, July 24, 1883. — Wil- 
liam P. Hardy, sometimes called James, or William James 
Hardy, was placed in the Harlan jail when captured at 
Elkhorn Grove on July 14th. A mob came to the jail on the 
night of the twenty-fourth and obtained the keys from the 
wife of the jailor, opened the cell door, and took Hardy out. 

170 Some accounts give his name as William and some as James, while some 
writers state that it was William James Hardy. One account gives the name as 
Hardey. A letter from his mother states that his name was William P. Hardy. 
Crawford was otherwise known as Benjamin Gates and Hardy was sometimes 
known as Smith. 

171 p or references to the sources, see note 172. 



238 IOWA JOURNAL OF HISTORY AND POLITICS 



He was taken out to the edge of town, hanged to a bridge, 
and then shot full of holes and dropped into the river. The 
town was aroused by the ringing of the fire bell, but it was 
too late to save the prisoner when the people of the town 
turned out and learned the cause of the disturbance. 172 

and , Marshall County, Au- 
gust 5, 1883. — "Two tramps took a team away from a boy 
in Gilman, and after severely beating him, drove about the 
country. They were pursued and captured on the 5th inst., 
tied to telegraph poles and whipped. The tramps were ter- 
ribly afraid they would be hung, showing that they were 
posted on the Iowa way of dealing out punishment.'' 173 

Pleasant Anderson, Wapello County, December 29, 1884. 
— A crisis in the history of the bank of Albia, in which 
Samuel Miller was vitally interested, came in 1882, and the 
condition of the bank became known to some of the deposit- 
ors. Merritt McAllister was one who had large deposits in 
the bank amounting to about $12,000. When he learned of 
the condition of the bank he withdrew his money. Instead 
of depositing it in another bank he was thought to have kept 
it in his home for a time. On November 6th an attempted 
robbery occurred in which Christopher McAllister was mur- 
dered. The robber met him as he entered the house and 

172 Iowa State Register (Des Moines), Vol. XXII, No. 165, Friday, July 13, 
No. 166, Saturday, July 14, No. 173, Sunday, July 22, No. 174, Tuesday, July 
24, No. 175, Wednesday, July 25, No. 176, Thursday, July 26, No. 178, Satur- 
day, July 28, No. 180, Tuesday, July 31, No. 181, Wednesday, August 1, No. 
187, Wednesday, August 8, 1883; Charles City Daily Intelligencer, No. 157, 
Saturday, January 12, 1907 ; The Audubon Times, Vol. V, No. 11, Friday, July 
20, No. 12, Friday, July 27, No. 13, Friday, August 3, No. 14, Friday, August 

10, 1883 ; Biographical History of Shelby and Audubon Counties, Iowa (W. S. 
Dunbar & Company, Chicago, 1889), pp. 686-692; The Burlington Hawk-Eye, 
Sunday, July 15, Tuesday, July 17, 1883; and clippings and correspondence of 
the writer. 

Iowa State Begister (Des Moines), Vol. XXII, No. 190, Saturday, August 

11, 1883. 



LYNCHINGS IN IOWA 



239 



killed him in order to get to the money, which was thought 
to be kept in Merritt McAllister's room. Arriving at Mer- 
ritt's door he was again frustrated. Merritt knew the voice 
was strange although the robber feigned that he was Chris- 
topher. He tried to make entrance to the room, but his life 
was threatened so emphatically that he left the house. It is 
said that on his death bed Samuel Miller made a confession 
of the murder and attempted robbery. He gave as his rea- 
son that the bank was about to fail and the money which 
McAllister had withdrawn would save it. The banker died 
an untimely death, probably on account of worry over his 
misdeeds and the final failure of the bank. 

The people of the town suspected another person named 
Pleasant Anderson of the murder and attempted robbery, 
and finally on December 29, 1884, a mob decided to take the 
law into their hands and punish him. Anderson was sus- 
pected of many other crimes besides the murder of Mc- 
Allister, but it seemed that he had always escaped punish- 
ment. The mob, supposedly composed of William Jones, 
Daniel and William Anderson, cousins of the victim, Jesse 
and George Fisher, and Floyd Chidester, took Anderson 
from his home by stealth and drove with him to Jones's 
school house where a lynch court was formed and Anderson 
was tried. He was found guilty and sentenced to be hanged. 
After the sentence was read Anderson was taken in a sled 
to the scene of the murder of McAllister and hanged to a 
cottonwood tree in front of the McAllister home. 

In his last speech Anderson asked the mob leaders to care 
for his wife and five children. At 10 :30 o 'clock that night 
the sled was driven out from under Anderson and he was 
left hanging. In this instance is to be found a very clear 
case of the lynching of a man innocent of the deed for which 
he was lynched, but perhaps guilty of many others. 

The men named above were arrested for the Anderson 



240 IOWA JOURNAL OF HISTORY AND POLITICS 

lynching, but undoubtedly there were more in the mob than 
these five men, as one account states that eight men sat as 
jurymen. No convictions resulted from the attempted 
prosecution. 174 

Cicero B. J ell er son, 11 * John A. Smyth, and Joel J. Wilson, 
Audubon County, February 4, 1885. — Hiram Jellerson, an 
old man of harmless disposition, lived southeast of Audubon 
for some time prior to his death which occurred April 25, 
1882. He came to a violent death by hanging and the deed 
was laid at the door of his son, Cicero B. Jellerson, and 
John A. Smyth and Joel J. Wilson, his two sons-in-law. 
They were arrested and a long trial followed. Finally a 
change of venue was granted to Cass County and at this 
juncture the patience of the aroused public was exhausted 
and the men were lynched. About two o 'clock on the morn- 
ing of February 4, 1885, a mob of masked men carrying lan- 
terns, numbering according to various estimates, from one 
hundred to seven hundred and fifty, came to the Audubon 
County jail and demanded the prisoners. The officers re- 
fused admittance so the mob broke open the doors and 
fought their way to the prisoners. The prisoners fought 
desperately for their lives and finally Smyth and Wilson 
were shot, and Cicero B. Jellerson was taken out and hanged 
in the band stand. 

In the struggle Jellerson had confessed to a fellow pris- 
oner that all three were guilty and that they had committed 
the crime in order to get more money from the old man who 
was refusing to let them have funds as rapidly as they 
wanted them. There is little doubt but that they were 

174 Ottumwa Weekly Courier, Vol. XXVI, No. 39, Wednesday, December 31, 
1883; Iowa State Register (Des Moines), Vol. XXIII, No. 309, Wednesday, 
December 31, 1884; Vol. XXIV, No. 1, Thursday, January 1, No. 2, Friday, 
January 2, No. 4, Sunday, January 4, No. 6, Wednesday, January 7, 1885; and 
Iowa City Daily Republican, Vol. IX, No. 79, Friday, January 2, 1885. 

175 Some accounts give the name as Cicero C. Jellerson. 



LYNCHINGS IN IOWA 



241 



guilty. The mob dragged the two dead bodies out of the jail 
and hanged them to fence stringers. 176 

Byron Lord, Muscatine County, May 2, 1885. — Byron 
Lord was deputized to aid in the protection of some liquor 
which was seized by the Temperance Alliance in Muscatine 
on May 1, 1885, and consequently he received the ill-will of 
many of the men who favored the liquor traffic. On the 
night of May 2nd he was openly attacked by a mob. Clubs 
and stones were used freely and he was forced to draw a 
pistol to protect himself. On the next day Lord was arrest- 
ed for carrying the weapon, but was soon discharged. At 
the time of his arrest the mob desired to get him, but failed. 
Only a short time after this the mob attacked his home, but 
when he came down stairs to investigate they had left. Re- 
wards were offered for the conviction of any persons who 
were in the mob, but so far as has been discovered no one 
was convicted. 177 

Finley Rainsbarger and Emmanuel Rainsbarger, Hardin 
County, June 5, 1885. — "The Eainsbargers ' ' had made a 
bad record in Hardin County and they became suspected of 
many crimes. In 1884 Enos Johnston was murdered and 
Nate and Frank Rainsbarger were arrested and placed in 
confinement at Marshalltown. In June, 1885, Doctors Un- 
derwood and Riedenour 178 were attacked in the darkness as 
they drove along the road. The Rainsbargers had threat- 
ened them previous to the attack and suspicion rested upon 

176 Biographical History of Shelby and Audubon Counties, Iowa (W. S. Dun- 
bar & Company, Chicago, 1889), pp. 686-692; Centerville Daily Citizen, Vol. 
XIII, No. 43, Monday, February 11, 1907; The Iowa State Register (Des 
Moines), Thursday, February 5, 1885; The Burlington Eawlc-Eye, Thursday, 
February 5, and Friday, February 6, 1885; Iowa State Register (Des Moines), 
Vol. XXIII, No. 103, Tuesday, April 29, No. 104, Wednesday, April 30, 1884 ; 
and correspondence of the writer. 

177 The Iowa State Megister (Des Moines), Tuesday, May 12, 1885. 
17 § The Iowa State Register gives the name of Dr. G-. H. Eitenour. 



/ 



242 IOWA JOURNAL OF HISTORY AND POLITICS 

them. Accordingly Finley, Emmanuel, and William Rains- 
barger were arrested and confined at Eldora. William se- 
cured his release, but the others were retained. About one 
o 'clock on the morning of the 5th of June a large mob came 
to the jail, battered down the doors with battering rams and 
sledges, and lynched the Rainsbargers. They fought to the 
last moment against the mob. Emmanuel was shot before 
he was taken from the cell and Finley escaped from the 
building, but was shot outside before he could get away. 
Both bodies were left on the outside full of bullet holes for 
the eyes of the curious who came on Friday morning to see 
them. 179 

John H. McKenzie, Adams County, April 3, 1887. — Some 
slight trouble arose between J. H. Eiggs and John H. Mc- 
Kenzie, an Irish-Canadian, which proved in its later devel- 
opments to be very serious. Riggs was finally shot in a 
quarrel and McKenzie voluntarily gave himself up to the 
officers. 

The citizens were already much wrought up over the Per- 
rigo case, which had hung in the courts for four years. 
Fearing that McKenzie would finally escape, a group of citi- 
zens, numbering from twenty-five to one hundred, decided 
to take the law into their own hands and lynch him. They 
came to the Corning jail on April 3, 1887, and after batter- 
ing the doors down and securing McKenzie, they took him 
out and hanged him to a maple tree near by. The mob 
showed thorough organization. Each man was called by a 
number and no names were spoken during the proceedings. 
The attack on the jail occurred about two o'clock in the 

179 The Eldora Herald, Vol. XIII, No. 38, Wednesday, June 17, 1885; The 
Iowa State Register, Friday, June 5, Saturday, June 6, 1885; Dubuque Times- 
Journal, Vol. I, No. 99, Wednesday, January 16, 1907 ; The Burlington Eawk- 
Eye, Saturday, June 6, 1885; The Eldora Weekly Ledger, Vol. XX, No. 23, 
June 11, 1885; and correspondence of the writer. 



LYNCHINGS IN IOWA 243 

morning and each man wore a mask to prevent identifica- 
tion. Mounted pickets were placed about the jail yard to 
prevent the citizens from rescuing the prisoner. The many 
attempts at rescue failed because of the efficient work of the 
guards. As the mob dispersed the captain told all of them 
that the work of the night must remain a secret forever and 
if any one dared to divulge it, he would be treated as Mc- 
Kenzie had been. 180 

James Reynolds, Decatur County, August 14, 1887. — An 
assault upon Mrs. Noble who lived near Leon caused the 
arrest of James Eeynolds and his confinement in the Leon 
jail. An attempt was made to lynch Eeynolds when he was 
arrested, but the attempt was unsuccessful. About 1:30 
o'clock on Sunday morning, August 14th, 1887, a mob of 
thirty-five or more men went to the jail and broke it open to 
get Eeynolds. While a portion of the mob worked to get 
into the jail a guard of men was stationed about to prevent 
anyone from interfering. When the mob got into the jail 
they did not readily find the prisoner and accused the sheriff 
of having him concealed in his own house. The mob moved 
toward his house to get the prisoner, but the sheriff threat- 
ened to shoot the first one who should make the attempt and 
they returned to make further search through the jail. In 
a short time the prisoner was found and taken out to a rail- 
way bridge and hanged to a stringer. Eeynolds was given 
a chance to speak in his own defense, but he refused to say 
anything and submitted meekly to the execution. The mob 
dispersed quietly after the lynching. 181 

Olaf, Taylor County, June 29, 1889. — An Indian tramp 

iso The Burlington Hawk-Eye, Tuesday, April 5, 1887 ; The Iowa State Reg- 
ister (Des Moines), Tuesday, April 5, 1887; and correspondence of the writer. 

i8i The Burlington HawJc-Eye, Wednesday, August 17, 1887 ; The Daily Iowa 
Capital (Des Moines), Vol. IV, No. 292, Monday, August 15, 1887; and The 
Iowa State Register (Des Moines), Wednesday, August 3, 1887. 



244 IOWA JOURNAL OF HISTORY AND POLITICS 



named Olaf assaulted Mrs. Frank Glassman of Taylor 
County on June 29, 1889. Mrs. Glassman screamed so loud 
that her husband hurried to her rescue and attempted to 
kill Olaf, but some neighbors who had arrived prevented 
him from doing so. Olaf was placed in the jail at Bedford, 
and that night a mob organized at a livery barn near the 
Elmwood Hotel and went to the jail. The mob of about 
seventy-five men demanded the keys of the sheriff, but the 
demand was refused. The mob then began to work on the 
jail to force their way in. In a short time they had a rope 
around Olaf 's neck and hanged him to a tree in the court 
house yard. Only one masked man was noticed among the 
mob. Many gathered when the disturbance began and prob- 
ably as many as five hundred people witnessed the lynching. 
Olaf gave his address as Sioux City during the preliminary 
hearing that afternoon. 182 

George Ackleson, Madison County, May 19, 1891. — A 
hired man of Porter Tomlinson of Monroe Township, Madi- 
son County, whose name was George Ackleson, was accused 
in May, 1891, of no small amount of malicious mischief. 
When Clarence Morton, a cripple, had a saddle cut to pieces 
the blame was thrown on Ackleson. Although he was a boy 
of only sixteen years of age, the citizens of the community 
regarded him as a bad character and attempted to use cor- 
rectional force. A small mob caught him on a false pretext 
on the night of May 19th, and under cover of revolvers he 
was forced to go with them from Tomlinson 's house to a 
tree near by. A rope was placed about his neck and he was 
asked to confess to the cutting of Morton's saddle. He de- 
clared that he knew nothing of the affair and even though 
he was pulled up by the neck several times he would not con- 

182 Iowa City Daily Bepublican, Vol. XIII, No. 203, Tuesday, July 2, 1889; 
The Iowa State Register (Des Moines), Tuesday, July 2, 1889; and cor- 
respondence of the writer. 



LYNCHINGS IN IOWA 



245 



fess. He had been blindfolded during the proceedings, but 
the cloth slipped down to such an extent that he was able to 
identify some of the men who were in the mob. After mak- 
ing several attempts to extract a confession and failing, they 
took him back to the house, thrust him through the door, and 
dispersed. 

Ackleson swore out warrants against eight men whom he 
thought were in the mob. Those arrested were : J ap Hus- 
ton, a man of about forty-five, Iver Austin, Malle and Dent 
Foster, Frank Orr, James McKinney, and Frank Tomlin- 
son. Ackleson was so injured about the neck that he was 
unable to work for several days. 183 

White, Muscatine County, about 1892. — About the 

year 1892 Eeverend "White came to Muscatine to give an 
anti-Catholic lecture and he- so aroused the citizens that they 
stoned him in the streets. No permanent injuries resulted 
from the attack of the mob and no attempt was made to 
prosecute the participants. 184 

Taylor Hobbs, 185 Keokuk County, May 22, 1892. — Taylor 
Hobbs mistreated his wife so often and so shamefully that 
finally on May 22, 1892, a deputation of citizens gave him a 
good whipping. That night they hid in the barn to await 
his return home and about eleven o 'clock he returned. The- 
mob was composed of about eighteen or nineteen men and 
during the administration of the whipping not a word was- 
spoken, but Hobbs was made to understand what the whip- 
ping was for. They whipped him so severely that his cries, 
could be heard by the neighbors and they came to his rescue. 
They were too late, however, as the mob had dispersed. No 

iss The Madisonian (Winterset), Vol. XXXV, No. 33, Friday, May 29, 1891. 
18 * Correspondence of the writer. 

iss Iowa City Weekly 'Republican, Vol. LII, No. 32, Wednesday, June 1, 1892. 
The name is here given as Thomas Hobbs. 

VOL. X — 16 



246 IOWA JOURNAL OF HISTORY AND POLITICS 



clue was left by which any member of the mob could be 
identified. 186 

William Frazier, Monroe County, March 22, 1893. — Car- 
bondale was the home of William Frazier and his family. 
This being a mining district much drinking was carried on 
among the workmen. Frazier became so frequently under 
the influence of liquor that his wife refused to live with him 
longer and went to Hiteman to live with Mrs. Smith, her 
sister. This desertion angered Frazier to such a degree 
that he followed her and killed her and her child, and es- 
caped to the woods. The citizens were soon aroused and 
pursuit began. After a long chase he was captured near 
Albia. The sheriff put him in a wagon and started for 
Albia, but the mob seized him and took him back to Hiteman. I 
Here he was hanged to a tree on March 22, 1893. The sher- 
iff and his posse tried to recapture him, but were unable to 
do so. 187 

Frank Johnson, alias "Fred Gustaveson", Wapello 
County, November 21, 1893. — The little daughter of Jonas 
Sax of Ottumwa was raped on November 20, 1893, and in a 
short time Frank Johnson, alias "Fred Gustaveson", was 
identified as the criminal. He was arrested on the day of 
the crime and on the following day he was brought before 
Justice Truitt for preliminary examination. A restless 
mob moved in the streets, but apparently had no leader for 
a time. It was not long, however, before a movement was 
made toward the office of the justice. Even Mrs. Sax is said 
to have been among them with a rope. One attempt was 5 
made to gain the stairway which failed, but the second time 
they came back with determination and fought their way up 

186 Iowa City Weelcly Republican, Vol. LII, No. 32, Wednesday, June 1, 
1892 ; and What Cheer Reporter, Vol. XI, No. 18, May 25, 1892. 

187 The Iowa State Register (Des Moines), Thursday, March 23, 1893; and 
Charles City Daily Intelligencer, No. 163, Friday, January 18, 1907. 



LYNCHINGS IN IOWA 



247 



the stairway and took the prisoner from the room. A rope 
was fastened about his neck and he was thrown over the 
stairway. The body hung there for ten minutes, when the 
rope broke. The mob would have swung it up again had 
they not found that the man was dead. The city officers 
and a committee from the mob made an examination before 
the excited mob was satisfied that he was dead. 

When the body was examined it was found that the name 
"F. 0. Johnson" was tattooed on his arm. The mob soon 
dispersed and quiet was restored. Attempts were made to 
prosecute different men in the mob, but nothing resulted. 188 

"Reddy" Wilson, Harrison County, April 30, 1894. — A 
habitual criminal, "Beddy" Wilson, met his fate at Mis- 
souri Valley on April 30, 1894. He had been in the Ne- 
braska penitentiary several times and each time he was re- 
leased he returned to his old life. He and a man named 
Davis were at the house of William Henderson one night in 
April when the marshal came to arrest him. The marshal, 
Adna Whitney, took J. B. Lyons and J. Deal with him to 
make the arrest. They entered the house and found Wil- 
son and Davis in bed as if they were asleep. When the of- 
ficers appeared in the room Wilson threw down the covers, 
presented two pistols and ordered them to throw up their 
hands. Whitney was not to be baffled and he reached for 
his pistol, but was immediately shot dead. Lyons was also 
wounded. In the fight Wilson was badly wounded and 
could not make his escape, but Davis succeeded in eluding 
the officers. Wilson was captured and placed in jail on 
Monday, April 30th. That night a mob came and took him 
from the jail and hanged him. The mob had formed at the 
school house and from thence about midnight they went to 

188 Ottumwa Weekly Courier, Vol. V, No. 32, Thursday, November 23, 1893 ; 
The Eddyville Tribune, Vol. VII, No. 22, Friday, November 24, 1893 ; and The 
Sun (Ottumwa), Vol. IV, No. 25, November 23, 1893. 



248 IOWA JOURNAL OF HISTORY AND POLITICS 



the jail. The men in charge of the electric light plant were 
forced to close the plant and thus cut off all light from the 
city. The mob then proceeded to their task. The ropes 
with which Wilson was hanged were taken from the street 
lights. Identification was not possible, since everyone in 
the mob, which numbered perhaps seventy-five, was masked. 
The next morning the people of the city beheld Wilson 
hanging from the stairway of the city hall, and on his dead 
body was this sign: "Public Library". 189 

E. H. Hirnebaugh, Hamilton County, November 26, 1894, 
— "A horse whipping was administered by Mrs. Barney 
Kelly, wife of an insurance agent, assisted by her sister, 
Miss Agnes Clark, aged 19, to H. H. Hirnebaugh, also an in- 
surance agent. They met him at Second and Seneca streets 
and Mrs. Kelly struck him several blows in the face. He 
started into a drugstore, when Miss Clark seized the whip, 
and went after him, slashing him right and left over the 
head and shoulders, causing the blood to flow freely. The 
alleged cause of the whipping was that the women had been 
slandered by Hirnebaugh. ' ' 190 

Orlando P. Wilkins, Dallas County, March 6, 1895. — The 
Adel bank robbery of March 6, 1895, was so sensational that 
the city was immediately aroused and many people pursued 
the fleeing robbers. The robbery occurred in daylight and 
the resistance of the bankers caused shooting which imme- 
diately warned the citizens of the event. After wounding 
the bankers the two robbers secured a sack of money, placed 
it in a buggy and fled, shooting at everyone in sight as they 
went. All horses available were pressed into service and 
the robbers were followed to the woods. Just as they 

i8o The Logan Observer, Vol. X, No. 1, May 3, 1894; Missouri Valley Times, 
Vol. XXVI, No. 42, Thursday, May 3, 1894; and correspondence of the writer. 

ioo Iowa City Weelcly Republican, Vol. LV, No. 5, Wednesday, November 28, 
1894. 



LYNCHINGS IN IOWA 



249 



neared the woods the mob came close enough to succeed in 
wounding their horses. This caused the robbers to aban- 
don the buggy and run for their lives. One bandit named 
Charles W. Crawford ran for the woods, but the other, 
Orlando P. Wilkins, hid in a barn. Crawford was soon 
captured, but to get Wilkins was not an easy matter with- 
out endangering life. Finally the mob forced Crawford to 
set fire to the barn where his partner was concealed. When 
Wilkins could not endure the heat longer he came out, much 
burned, but he refused to surrender. The mob shot him im- 
mediately. 

Crawford was taken to jail where an attempt was made 
to lynch him that night. Wilkins had not been out of the 
Minnesota penitentiary more than six months. He seems 
to have been an old criminal. Crawford was a young man 
and evidently was intimidated into the crime. 19 1 

Joseph Brewer, Madison County, April 4, 1900. — As 
John Cunningham, a wealthy farmer, was returning home 
from Winterset on March 3, 1900, he was held up and 
robbed on the North Eiver bridge within a half mile of his 
home. A short time afterwards Frederick Daily and Jo- 
seph Brewer were arrested in Des Moines and taken to 
Winterset charged with robbery of Cunningham. Some of 
the money and the watch stolen from Mr. Cunningham were 
found on Daily. The two robbers had been staying at the 
home of Mrs. Heckle of Crawford township. They re- 
mained in confinement until April 4th when they broke jail 
and escaped. The whole country was aroused and there 
was a vigorous pursuit. Brewer was recaptured in the 
woods near the Heckle home. Since all the money taken 
from Cunningham could not be found, the mob sought to 
find out from the prisoner where the remainder was. In 

i9i Dallas County Record (Adel), Vol. XXVII, Nos. 9 and 10, Friday, March 
8 and Friday, March 15, 1895. 



250 IOWA JOURNAL OF HISTORY AND POLITICS 



order to get him to tell they finally had to stretch him up by 
the neck, whereupon he confessed that Mrs. Heckle had it. 
The mob then went to get Mrs. Heckle. 192 

Mrs. Heckle, Madison County, April 4, 1900. — As 

soon as the mob had forced the confession from Brewer 
they went to Mrs. Heckle 's home and demanded the money. 
She refused to give it to them, whereupon they took her out 
to a tree and stretched her, with the result that she was per- 
suaded to confess. She was released after getting the mon- 
ey and Brewer was turned over to the authorities. Mrs. 
Heckle brought suit against the persons whom she thought 
were involved in the lynching, but the case was lost. The 
case was tried in the district court under Heckle vs. Cun- 
ningham-Robinett et al. The accused were Edward Duff, 
G. B. Robinett, Thomas and Daniel Murphy, Daniel Miles, 
P. J. Cunningham, James McNamary, and William Steven- 
son. 193 

A. J. Pulse, Pocahontas County, 1901. — In the fall of 
1901 the citizens of Laurens took A. J. Pulse into their 
charge for correction. He had been known to beat his 
wife shamefully and to refuse to support her. He mis- 
treated his children also, it is said, and finally some citizens 
came to his home one night and gave him a coat of tar and 
feathers. No attempt was made to prosecute the lynchers 
for they were so secret in their operations as to escape 
detection. 194 

192 The Reporter (Winterset), Vol. XV, No. 14, Thursday, April 5, 1900; 
The Winterset Madisonian, Vol. XLIX, No. 27, Thursday, April 5, 1900; 
Winterset Review, Ninth Year, No. 434, Wednesday, April 4, 1900; and cor- 
respondence of the writer. 

™*The Reporter (Winterset), Vol. XV, No. 14, Thursday, April 5, 1900; 
The Winterset Madisonian, Vol. XLIX, No. 27, Thursday, April 5, 1900; 
Winterset Review, Ninth Year, No. 434, Wednesday, April 4, 1900; and cor- 
respondence of the writer. 

i»4 Correspondence of the writer. 



LYNCHINGS IN IOWA 



251 



Adams, Black Hawk County, 1901. — Elder Adams 

came to Waterloo in 1901 to give some lectures on Dowie- 
ism in which he became offensive to the people. He was 
taken out and egged for his obnoxious speeches. 195 

Adams, Black Hawk County, July 16, 1901. — 

Soon after the first egging of Adams he again indulged in 
his offensive remarks and as a result he was again egged on 
July 16, 1901. The police made arrests among the mob in 
order to disperse it. "Whether there were any prosecutions 
has not been learned. 196 

Detective Downey, Emmet County, February, 

1902. — " Three men have been arrested for complicacy in 
the whitecapping raid at the Emmet House. The men are 
Charles Peterson, Wm. Sanford and L. Young. Peterson 
and Sanford were given preliminary examination and were 
bound over to the grand jury. The offense was taking De- 
tective Downey of Chicago from his room in the hotel, 
horse whipping him and driving him forth onto the prairie, 
where he nearly froze to death. He was suspected of being 
a i Spotter' seeking evidence against the saloons." 197 

Frank Brown, Muscatine County, March 28, 1903. — Har- 
ry Holtzhauer was shot and severely wounded by Frank 
Brown, a negro, at Muscatine on March 28, 1903. The news 
spread rapidly and a mob of perhaps fifteen hundred men 
gathered. After shooting Holtzhauer, Brown had fled, pur- 
sued by several policemen and citizens. He was soon caught 
and a score or more men fell to beating him. The police 
force was immediately increased and the negro's life was 
saved only by attacking the mob with clubs and beating 
some of them down. A large mob, angered at the attack of 

195 The Reveille (Eolfe), Vol. XIV, No. 3, Friday, July 19, 1901. 

196 The Reveille (Eolfe), Vol. XIV, No. 3, Friday, July 19, 1901 

197 The Reveille (Eolfe), Vol. XIV, No. 33, Friday, February 14, 1902. 



252 IOWA JOURNAL OF HISTORY AND POLITICS 



the police, followed them as the prisoner was taken to jail 
and threatened to lynch Brown. A special force of police- 
men was placed at the jail and Brown was saved. 198 

Green Lee and Mrs. Green Lee, Henry County, August 2, 
1905. — During the time when a citizen named Victor Lee 
was making arrangements to take his wife to the insane 
asylum, the people of the community became convinced that 
the woman was not insane, but that Lee was simply en- 
deavoring to get rid of his wife. Victor Lee and Green Lee, 
his father, took Mrs. Lee to the asylum on August 2, 1905. 
Green Lee returned that night to New London and was met 
by his wife at the station. As the train pulled in Mrs. 
Green Lee mounted the platform of the coach to greet her 
husband. A mob of indignant citizens had gathered and 
they egged Mr. and Mrs. Lee, as well as the brakeman who 
happened to be standing near them. 199 

James Cullen, Floyd County, January 9, 1907. — The 
Busse murder trial which had been so long in the courts 
taxed the patience of the public to the utmost. About the 
time that the case seemed about to result in Busse's re- 
lease James Cullen murdered his wife and step-son. The 
murder was a cruel one and when Cullen was arrested pub- 
lic feeling rose high against him. On the night of February 
9, 1907, a large mob went to the jail to lynch Cullen. The 
light wires were cut and the town was left in darkness and 
the outskirts of the mob were closely guarded by pickets. 
The jail doors were battered down with a railroad rail and 
Cullen was taken out. He begged for mercy, but obtained 
none from the frenzied mob. Seeing that they intended to 

198 The Burlington HawTc-Eye, Sixty-fourth year, No. 247, Sunday, March 29, 
1903. 

ioo The Mt. Pleasant Journal, Friday, August 4, Tuesday, August 8, 1905; 
and The Burlington Hawlc-Eye, Sixty-seventh year, No. 39, Thursday, August 
3, 1905. 



LYNCHINGS IN IOWA 



253 



kill him, Cullen fought for his life, many times breaking 
loose, but each time being recaptured. His hands were 
finally tied and he was hustled along the streets while the 
mob cried "We will have no more Busse affairs.' ' When 
the mob reached the river bridge they placed a rope around 
his neck, and this was thrown over a stringer. Cullen was 
then given a chance to speak, but he refused. Prayer was 
offered in his behalf and he was then swung up until he was 
dead. Attempts were made to prosecute the leaders of the 
mob, but no evidence could be brought to convict them. The 
people of the community were too much in sympathy to 
make it possible to convict anyone although no doubt many 
people knew who were in the mob. 200 

Walker and Johnson, Louisa County, Au- 
gust 30, 1907. — On August 30, 1907, two white men, Jack 
Beade and "Spot" O'Connor, were playing craps at Co- 
lumbus Junction, with three negroes, Walker, Johnson, and 
another negro whose name was not given. They soon dis- 
agreed and began to fight. About fifteen shots were fired 
and both Beade and O'Connor were wounded. The shoot- 
ing aroused the town and the negroes were pursued. One 
of them was severely wounded by a farmer who shot him as 
he ran. A rope was put around the neck of the wounded 
negro and the mob was about to hang him, but this was pre- 

200 The Des Moines Capital, Vol. XXIII, No. 290, Wednesday, January 9, 
No. 291, Thursday, January 10, and No. 292, Friday, January 11, 1907; 
Charles City Daily Intelligencer, No. 154, Wednesday, January 9, No. 155, 
Thursday, January 10, No. 156, Friday, January 11, No. 158, Monday, January 
14, No. 160, Wednesday, January 16, No. 161, Thursday, January 17, No. 164, 
Saturday, January 19, No. 165, Monday, January 21, 1907; The Des Moines 
Daily News, Vol. XXVI, No. 62, Wednesday, January 9, No. 63, Thursday, 
January 10, No. 64, Friday, January 11, 1907 ; The Begister and Leader (Des 
Moines), Vol. LVII, No. 192, Thursday, January 10, No. 193, Friday, January 
11, No. 194, Saturday, January 12, No. 195, Sunday, January 13, No. 197, 
Tuesday, January 15, 1907 ; and Dubuque Times- Journal, Vol. I, No. 93, 
Thursday, January 10, No. 97, Sunday, January 13, 1907. 



254 IOWA JOURNAL OF HISTORY AND POLITICS 

vented by the officers who then took him to jail. Two of the 
three negroes, Walker and Johnson, were captured. After 
they were put in the jail a mob forced the door and carried 
a rope in to hang the men, but evidently their courage 
failed at this point for no one could be found to lead the 
mob in doing the deed. 201 

E. H. Rockwell, Van Buren County, January 17, 1908. — 
E. H. Rockwell was the editor of The Farmington Herald 
in 1908 and it seems that some of the citizens of the town 
made objection to certain articles that he published. In 
fact the citizens were so aroused over the publications that 
a small mob caught Rockwell on the evening of January 17, 
1908, put him in a conveyance, and took him to the park. 
Here they administered a coat of tar and feathers. The 
men were masked, but Rockwell thought he could detect 
who were in the mob and sued them for damages. The case 
was prolonged for some time and was finally taken to the 
Supreme Court, but was lost. The case was entitled E. H. 
Rockwell vs. B. F. Ketchum et al 202 

Paul Walton Black 

The State University of Iowa 
Iowa City 

201 The Burlington Hawk-Eye, Sixty-ninth year, No. 62, Saturday, August 
31, 1907. 

202 The Farmington News, Vol. XIV, No. 29, Tuesday, January 21, No. 30, 
Friday, January 24, No. 45, Tuesday, March 17, 1908; Rockwell vs. Ketchum 
et al., in The Northwestern Reporter, Vol. CXXVIII (permanent edition), pp. 
940-944; and Abstracts and Arguments in The Supreme Court of Iowa, P-E, 
September Term, 1909, pp. 1-443; May Term, 1910, pp. 1-89; January Term, 
1910, pp. 1-77 (page references are here given to the briefs). 



EARLY LAND CLAIMS IN DES MOINES COUNTY 



[The article on early land claims in Des Moines County given below was first 
printed in the Wisconsin Territorial Gazette, and Burlington Advertiser 
(Burlington) under date of September 7, 1837. It is now reprinted literally 
from Vol. I, No. 9, of that paper which was published at Burlington, then the 
capital of the Territory of Wisconsin. — Editor.] 

A claim is a matter of great importance in this new ter- 
ritory. In most instances, a claim is the only home of the 
settler. With regard to them, then, this hope is entertained 
— 1st., that the general government will pass a pre-emption 
law, giving to the settler a special privilege in regard to the 
public land he occupies, to a certain extent ; or, 2d — if this 
be not done by the general government, that a common 
sense of justice and equity throughout the community, will 
allow the settler to buy at the public sales to a reasonable 
extent (say a half section) without competition. Now, 
whatever strengthens this hope, is a matter of general con- 
gratulation, and whatever impairs it, is viewed with un- 
easiness and alarm. 

It is obvious that some reasonable regulations among the 
settlers themselves, with regard to claims, was indispen- 
sable. At a very early period, therefore, of the settlement 
of the country in the region of Burlington, (Des Moines 
county,) a number of persons having settled, or being about 
to settle on the public lands, near the Flint Hills and its 
vicinity, met together, in order to agree upon by-laws and 
regulations respecting claims. The first meeting took place, 
agreeably to previous notice, on the 12th of October, 1833, 
and Mr. Isaac Teller was appointed chairman, and Messrs. 
John Grimsley and R. Redman, secretaries. The first thing 
done at this meeting, was to define what must be done on a 



255 



256 IOWA JOURNAL OF HISTORY AND POLITICS 



portion of the public lands in order to constitute a claim. 
The definition is as follows, viz : 

"Resolved, That there shall be a cabin built, or five acres 
of land broke, or five acres inclosed by a good fence, within 
six months from this date ; and not to be left unoccupied for 
six months at any time, without being subject to be retaken. 
The claim shall be defined, by marks or bounds plainly set." 

The second thing was to specify the quantity of land 
which a claim should not exceed, with other circumstances. 
This specification is contained in the 2d resolution of the 
first meeting, and is as follows : 

"Resolved, That no one person shall claim more than a 
half section, and not more than a half mile fronting the 
river or prairie." 

A number of other resolutions were agreed to at different 
meetings, all of which have been printed in pamphlet form 
at the Burlington press, (1837,) and circulated, under the 
title of "By-laws of the Association of Settlers of Des 
Moines county, to which is appended the names of the mem- 
bers. By order of the Association." 

Quotations are made from this pamphlet, in which every 
thing respecting claims is to be found. The two resolutions 
above quoted contain the vitals of the claim system. Now, 
by some Providence or other, the records of this first meet- 
ing, (as the writer of this article has been informed,) were 
not to be found, and not until lately have been brought to 
light, though with regard to the import of them there seems 
to have been no want of information; for at every subse- 
quent meeting the resolutions of the first are referred to 
and recognized as obligatory. Very soon, however, after 
these resolutions got out of the way, another idea was add- 
ed to them by common fame, viz : that a man could buy as 
many claims as he pleased, although he could make but one. 
This idea was propagated, and came soon to be generally 



LAND CLAIMS IN DES MOINES COUNTY 257 



thought correct. Hence a system of claim speculation was 
engaged in, even by those whose names are appended to the 
resolutions above stated, and who, therefore, can hardly 
have failed to know they were going beyond what was au- 
thorized. Claim speculations went on ; a large number were 
engrossed by a few moneyed individuals and held up at 
very high prices, and many sales effected, while, from the 
resolutions of the first meeting, these speculators had not 
the shadow of right to buy or sell ; but on the contrary, the 
persons coming into the country to make settlements, had a 
right to occupy them without any consideration whatever, 
except a compliance with the first and second resolutions of 
the first meeting. It is true, that at a public meeting, which 
took place at the house of Butler Delashmutt, on the 7th 
August, 1836, "for the purpose of adopting measures the 
more effectually to secure them (the citizens of Des Moines 
county) in the peaceable possession of their claims, agree- 
ably to the resolutions adopted the 12th October, 1833, the 
following resolution was adopted, viz : 

'Resolved, That claims may be transferred; and when 
sold for a valid consideration the sale shall be valid and 
binding, and the purchaser possesses all the rights and 
privileges of the first occupant : Provided, however, that if 
the purchaser fail or refuse to make, or cause payment to 
be well and truly made, according to the specifications of 
the contract, the said contract shall be void, and the claim 
so sold shall revert back to the seller.' " 

But this resolution, it is evident, refers, and by necessary 
implication, is limited to the one claim, or half section, to 
which every one is restricted, "agreeably to the resolutions 
adopted 12th October, 1833.' ' It is not known that any in- 
terpretation other than the above has been given to this 
resolution ; but if any one were to lay hold of it as author- 
izing claim speculations, such as have been practised in this 



258 IOWA JOURNAL OF HISTORY AND POLITICS 



part of the country, it need only be said of him, that he has 
very little regard for the judgment men will form of his 
understanding. 

The fundamental resolutions of the association having 
now been stated, and also the speculation in claims which 
are obviously not at all authorized by those resolutions, it 
seems almost superfluous ,to ask, will this unauthorized sys- 
tem of speculation in claims be countenanced and sustained 
by the settlers on the public domain! If this question were 
answered in the affirmative, it would be the total ruin of all 
the by-laws of the association; and if those men whose 
names are appended to the by-laws were to join in such a 
decision, it would be obviously a most insupportable viola- 
tion of their pledged honor; for they say, in their final reso- 
lution on the 6th page of the pamphlet, that 4 'we do heartily 
agree and pledge ourselves to each other, faithfully to abide 
by and strictly enforce the observance of the foregoing res- 
olutions." It cannot, therefore, even be supposed by the 
writer, that such a decision will be made, at least by those 
referred to. 

The meeting held on the first Saturday in March, 1837, 
prescribes, in several resolutions, the manner in which dis- 
putes respecting claims are to be adjusted; and those who 
are to sit in judgment on any case are charged "to hear the 
whole matter, and decide according to the right and justice 
of the case, as specified in the foregoing resolutions." 

From the by-laws of the association, fairly and obviously 
interpreted, the writer draws the following conclusions : 

1. That to constitute a claim, there must be a cabin built, 
and five acres broke or fenced. 

2. That until it is thus improved it is not a claim, and is 
incapable of being sold. 

3. That if it is not improved within six months, or if, 
after it is improved, is vacated for six months, it is liable to 



LAND CLAIMS IN DES MOINES COUNTY 259 



be taken by any person capable of holding it according to 
the by-laws. 

4. That no person can hold more than one claim; and, 
therefore, the practice of holding several, is contrary to the 
by-laws, and subject to be set aside. 

5. That any sale of a claim aside from the one a settler 
has a right to hold, is not valid, and ought not to be complied 
with; for the very resolution authorizing the sale supposes 
him to be the occupant. 

6. That any renting of claims to another, aside from the 
claim he has a right to hold, is not valid. 

7. That the occupant of a claim is the owner of that 
claim, (all others being forfeited,) unless some one else can 
show a previous right from the by-laws. 

8. When a person sells a claim to which the by-laws give 
him a right, to a person who has a right to hold it, the con- 
tract ought to be complied with. 

The writer will now set down some of the obvious evils 
arising out of claim speculations. 

1st. It has heretofore prevented, and will continue to 
prevent, many settlers from coming into the country. 

2d. It has, beyond doubt, advanced claims far above 
what they would have been, if the rules of the association 
had been observed, so that many have had exacted from 
them many times more than otherwise would probably have 
been asked. 

3d. The practice exceedingly endangers our ultimately 
getting our claims ; for it is so utterly inconsistent and un- 
becoming, that it may affect the policy of Congress towards 
us, and lead that body to view us in the light in which some 
members have spoken of us on the floor of Congress ; and if 
Congress does nothing for us, it would put into the mouths 
of citizens of other regions an argument to form themselves 
into associations to bid off at the public sales, our claims — 



260 IOWA JOURNAL OF HISTORY AND POLITICS 



that is, "beat us with our own weapons.' 1 And it will be 
impossible to harmonize among ourselves, if this system of 
claim speculation is sustained — we will fall, (both those 
who have, and those who have not been involved in their 
speculations,) an easy prey to those who covet our homes. 

4th. The practice will lay us open to vexatious and ruin- 
ous law-suits, for many will refuse to pay under a conscious 
sense of justice to themselves, and to all mankind, what has 
neither civil law, nor equity, nor the by-laws of the associa- 
tion to sustain it. Persons may be induced to pay such debts 
for the present, out of a sense of personal danger; but can 
any one imagine that money or property obtained in this 
way, would be justified by the laws? This system of specu- 
lation, if these views be correct, is most dangerous to those 
who have engaged in it. 

5th. The last evil we will mention, and not the least, is, 
that it will interrupt, in the most serious manner, that social 
and kindly intercourse among neighbors, which is among 
the first enjoyments of life. 

A Settler upon the Public Lands. 



THE SAC AND FOX INDIANS AND THE TREATY 

OF 1842 



[The account given below of the treaty made with the Sac and Fox Indians 
at their Agency on October 11, 1842, by Governor John Chambers is copied 
verbatim from the Iowa Territorial Gazette and Advertiser (Burlington), Vol. 
VI, No. 14, October 15, 1842. The account not only presents the impressions 
of an eye-witness of the negotiations of the treaty, but it furnishes some inter- 
esting sidelights on the character and customs of the Sac and Fox Indians. 
The text of the treaty of 1842 may be found in Kappler's Indian Affairs, Laws 
and Treaties, Vol. II, p. 546. — Editor.] 

Leaving Fairfield after breakfast, we drove to the Indian 
Agency by 12 o'clock, where we found congregated in a com- 
mon mass from a thousand to fifteen hundred whites and 
upwards of two thousand Indians. We passed the Indian 
encampment about a mile east of the Agency. Their tents, 
(wik-ke-ups,) several hundred in number, and covering a 
half mile square of beautiful prairie, presented as pretty 
and romantic a scene as eyes could rest upon. The tents 
were all new, as indeed were all the clothing and trappings 
of the Indians — and in this respect their appearance was 
much more elegant than we had anticipated. 

The Sacs and Foxes are perhaps the finest looking In- 
dians on the globe — of large, athletic, and perfect forms, 
and most graceful carriage — and a brave, high-minded 
and honorable set of fellows. There are few men in this 
world equal to the celebrated Keokuk, whose commanding 
oratory raised him even in his youth from the common 
ranks of his tribe, and placed him without hereditary right, 
and in despite of all competition, at the head of his nation. 
Many statesmen in our own government might learn useful 
lessons in diplomacy, and many of our best orators receive 
profitable instruction, from this gifted Indian. The young- 



vol. x — 17 



261 



262 IOWA JOURNAL OF HISTORY AND POLITICS 



er son of Black Hawk is the Adonis of his tribe — and is 
probably the handsomest man in the world. He is six feet 
three or four inches high, graceful and elegant in his man- 
ners — and although weighing perhaps two hundred, he 
treads as lightly as an infant. Kish-ke-Jcosh, a chief of 
much distinction among them, is also a talented and fine 
looking man — and though as brave as Caesar he is a regu- 
lar built Brummell exquisite. He usually sports an ebony 
cane with a gloriously large and bright brass head, which 
he twirls in his fingers in the most elegant style imaginable, 
and when sitting rests his chin and lips upon the brilliant 
ornament, a la " the fine old English Gentleman. ' ' He is a 
smiling chap, and celebrated as a gallant, as your smiling 
gentlemen usually are. It is rather amusing to witness his 
efforts to come the polite thing over his brother savages. 

Every night the Indian camp was converted into a vast 
ball room — & every variety of dances known among them, 
from the "clothing of the dead," to the flat boat "double 
shuffle," were performed by them. The squaws have no 
part in these amusements, and usually manifest but little 
curiosity to witness their performance. It is any thing but 
dancing, according to our notions, consisting as it does of 
violent stamping upon the ground to the measured beats of 
a drum — a regular tearing up of the earth — or, as the 

Mississippi indictment expresses it, "kicking up a d d 

fuss generally" — though there is system in it, and we no- 
ticed that the dancers preserved excellent time. 

The chiefs and braves are the principal performers in 
these scenes. In addition to the beating of the drum, the 
dancers are enlivened by perhaps the wildest and most hid- 
eous yells that ever issued from the throats of human be- 
ings. And although a good christion might think that all 
Pandamonia had been turned loose upon our prairies, yet, 
strange to say, there is music in the horrid compound. 



TREATY WITH THE SACS AND FOXES 263 



When all things are put into full blast — the drum beating 
— the dancers moving — and the singers yelling — hun- 
dreds of Indian dogs join in the delightful chorus, and it is 
then that the air is made redolent with savage sounds which 
make the listener quake while he laughs at the superlatively 
ludicrous character of the whole scene before him. The 
younger members of the tribe amuse themselves, some by 
aping the dancers at a respectful distance, and others by 
wrestling, foot-races, &c. Most of these young rascals have 
horses of their own, and it was laughable while pitiable to 
see them abuse the poor animals by running them from 
morning till night, sometimes in races, and at others with- 
out any apparent motive but to "cut a splurge.' ' This is 
the only thing we have against the Sacs and Foxes — they 
have no mercy on horses. The abuse of these noble animals 
is the meanest sin which any one, white, red or black can 
commit. It is a great mistake that Indians are stoics, mis- 
anthropes, or any thing of the kind. A more sociable, com- 
municative, happy or laughing set of fellows than the Sacs 
and Foxes do not exist any where. But we believe it not 
only impossible but impolitic to civilize them. They are 
happier as they are — and we should regret any attempt to 
interfere with their domestic policy. Place them beyond the 
corrupting influences of the white settlements — keep from 
them that destroyer of human happiness among all colors, 
the death-dealing "fire water" — and government will then 
have conferred the best blessing upon the Indians, and the 
only one for which they will feel thankful. 

The treaty was conducted with great dignity and propri- 
ety, if we may except the introduction of dragoons to keep 
out citizens beyond hearing distance. Capt. Allen and Lt 
Buff, of the Dragoons are talented and gentlemanly officers, 
and were present in obedience to orders — but Gov. Cham- 
bers certainly believes too much in show, or greatly mis- 



264 IOWA JOURNAL OF HISTORY AND POLITICS 



takes the character of our citizens, if he deems all this 
flummery and metal-button authority necessary to the or- 
der, dignity or success of a treaty. With this exception, 
(which we do hold to be most ridiculous and most repre- 
hensible,) we freely unite in giving Gov. Chambers all due 
praise for his prudent and judicious management of the 
affair. One or two bands of the Indians had difficulty in 
bringing their minds to part with their lands, and several 
days and nights were spent in anxious deliberation before 
they gave a final answer. This was a natural feeling, and 
one that did credit to their hearts. They were asked to part 
with the last of their earthly possessions, to abandon the 
graves of their fathers, and remove to a new and distant 
country. But the conviction that there was little or no 
game in their present country, and that the one to which 
they were invited abounded in every species that could give 
pleasure to the chase and profit to success, finally overcame 
their objections, and the treaty was ultimately accom- 
plished with the unanimous consent of all parties. 

While we regard this result as most fortunate for our 
Territory, we consider it not less so as to the Indians them- 
selves. They will be made independent and comfortable for 
life. Their annuities will clothe and feed them bountifully. 
They will be placed beyond the baneful influences of un- 
principled whites who drench them with whiskey and then 
rob them of their money. And they will go to a country 
abounding in game where they can pursue their favorite 
pleasures at will and without interruption from their an- 
cient enemies the Sioux. 

Here we will take occasion to correct an error which we 
committed some two or three weeks ago in our speculations 
upon the probable contingencies upon which the result of 
the then approaching treaty would depend. We said that 
although the Indians were willing to sell all their country, 



TREATY WITH THE SACS AND FOXES 265 



the traders were opposed to such a measure, and would ad- 
vise the selling of only a portion that they might have the 
balance to operate upon for a few years longer. This re- 
mark was predicated upon reports which came from the 
Agency during the payment of the annuities. As we now 
know, from personal observation, that precisely the reverse 
of this is the fact, we deem it our duty to correct the error. 
Indeed, but for the activity and influence of Messrs. San- 
ford, Davenport and Le Clair and the Messrs. Phelps, who 
exerted every means in their power to harmonize the clash- 
ing among the bands, we doubt much whether the purchase 
of the whole country could have been effected. 

To conclude this article, and the subject, for the present, 
we will state that after camping out a night or two for the 
mere humor of the thing, we, in company with many others, 
obtained excellent quarters at the residence of Mr. Smart, 
the Government Interpreter. Mr. S. has been many years 
among the Indians, and is a worthy, .upright and clever 
man, and lives most sumptuously. His wife is a very hand- 
some, amiable and interesting Sac and Fox woman — and 
he has a couple of very sprightly little daughters, about six 
and eight years old, of whom he seems dotingly fond, and 
for whom, but for the comfortable circumstances of their 
father, we should regret that no provision was made in the 
treaty. There are but few half-breeds among the Sacs and 
Foxes — and as the Indians themselves were anxious to ex- 
tend the benefit of some small donations to them, it is deep- 
ly to be regretted that their benevolent purposes were frus- 
trated either by the arbitrary orders of Government or the 
over-anxious zeal of the Governor to protect the Indians 
against themselves. 



SOME PUBLICATIONS 



The Pilgrims of Iowa. By Truman 0. Douglass. Boston : The 
Pilgrim Press. 1911. Pp. xiv, 422. Portraits, plates. There has 
been no more important addition to the history of Iowa churches 
in recent years than this volume by Dr. Douglass, who is well 
equipped, through long experience, to relate the story of Congre- 
gationalism in Iowa. The opening chapter is introductory and 
deals briefly with the history of the Iowa country and of Congre- 
gationalism leading up to the coming of the first Congregational 
missionaries to the Mississippi Valley. 

Then follows a history of the beginnings and growth of the Con- 
gregational Church in Iowa from 1838, the year of the coming of 
Asa Turner, J. A. Reed, and other " patriarchs", down to the 
present time. Due attention is given to the famous "Iowa Band" 
composed of eleven classmates at Andover Theological Seminary, 
who came in 1843 as home missionaries to found churches in Iowa. 
The spread of the church to all parts of the State is then described 
in successive chapters. 

The last two chapters in the volume are especially noteworthy. 
Chapter sixteen contains a directory of practically all of the Con- 
gregational Churches that have existed in Iowa, giving the dates of 
organization, a list of the pastors of each church from the begin- 
ning, the dates of the dedication of church edifices, and the 
dates of the disbanding of churches not now in existence. Chap- 
ter seventeen is devoted to an alphabetical list of more than 
thirteen hundred Congregational pastors who have ministered to 
the churches in Iowa, giving the date and place of birth of each 
pastor, the churches served, and the date of death in the cases of 
those not living at the present time. The value and interest of 
these two chapters is very apparent. 

In addition to the history of the Congregational denomination in 
Iowa the volume contains sidelights on other phases of State his- 

266 



SOME PUBLICATIONS 



267 



tory, and especially on the settlement of the State and on the en- 
vironment, conditions, and needs of pioneer life in Iowa. 

Proceedings of the Mississippi Valley Historical Association for 
the Year 1910-1911. (Volume IV.) Edited by Benjamin F. 
Shambaugh. Cedar Rapids: The Torch Press. 1912. Pp. 316. 
This volume, which is uniform with the preceding volumes in the 
series, contains the papers read at the meetings at Indianapolis in 
December, 1910, and at Evanston and Chicago in May, 1911. 
Among the papers contained in the volume are: A Centennial of 
Western Steamboat Navigation, by Archer B. Hulbert; Early Forts 
on the Upper Mississippi, by Dan Elbert Clark; Some Notes on the 
Fort Dearborn Massacre, by Milo Milton Quaife; Some Materials 
for the Social History of the Mississippi Valley in the Nineteenth 
Century, by Solon J. Buck; The Mississippi Valley and Internal 
Improvements, 1825-1840, by R. B. Way; Were the Outagami of 
Iroquois Origin, by N. H. "Winchell; Lincoln and Douglas as Law- 
yers, by Orrin N. Carter; High School Texts and Equipment in 
History, by L. A. Pulwider; and Preparation for the High School 
Teacher of History, by Norman M. Trenholme. 

The Spanish Settlements Within the Present Limits of the 
United States, 1513-1561. By "Woodbury Lowery. New York: 
G. P. Putnam's Sons. 1911. Pp. xiii, 515. Portrait, plates, maps. 
The history of the lower Mississippi Valley is of late receiving con- 
siderable attention, and the present volume, written several years 
ago, is a welcome addition to the literature on the subject. The 
volume is divided into three books, the first of which deals with the 
physical aspects of the country, the natives and their customs, and 
Spain at the close of the fifteenth century. 

Book two is devoted to explorations and discoveries, including 
those of Ponce de Leon, Narvaez, Cabeza de Vaca, De Soto, and 
Coronado. There is also a chapter on the discovery of upper Cali- 
fornia. Book three contains brief discussions of some of the Span- 
ish missions. Copious foot-notes furnish references to a great mass 
of source material, while there are valuable appendices. A compre- 
hensive index closes the volume. 



268 IOWA JOURNAL OF HISTORY AND POLITICS 



The Spanish Settlements Within the Present Limits of the 
United States: Florida 1562-1574. By Woodbury Lowery. New 
York: G-. P. Putnam's Sons. 1911. Pp. xxi, 500. Portrait, plates, 
maps. This volume is uniform in style and binding with the vol- 
ume by the same author dealing with the period of Spanish settle- 
ments from 1513 to 1561, but each one is a monograph complete in 
itself. 

Book one of the present volume is devoted to chapters on the his- 
tory of the various French colonies in Florida. The chapters of 
book two are grouped about the general subject of the Spanish 
colony. The Guale and Virginia missions are discussed in book 
three. Eighty pages are devoted to appendices containing illus- 
trative material. The book is written in a readable style and is 
apparently based with painstaking care on a thorough investigation 
of a great mass of source material. 

Collections of the State Historical Society of North Dakota. 
(Volume III.) Edited by Orin Gr. Libby. Bismarck: Tribune, 
State Printers and Binders, 1910. Pp. 763. Portraits, plates, maps. 
Much valuable historical material is to be found in this volume 
which was distributed late in 1911. The following enumeration of 
the titles of some of the papers will indicate the character of the 
contents: History of the State Constitutional Convention of 1889, 
by R. M. Black; History of Abercrombie Township, Richland Coun- 
ty, by Alma Tweto; The History of Fort Totten, by Charles de 
Noyer; History of the Settlement of Swedes in North Dakota, by 
Myrtle Bemis; Early Norwegian Emigration and its Causes, by 
C. S. Torvend; Mennonite Settlements in North Dakota, by Hazel 
J. Loynes ; Bits of History Connected with the Early Days of the 
Northern Pacific Railway and the Organization of its Land Depart- 
ment, by James B. Power ; and Early Fur Trading in the Red River 
Valley, by Cora Dean. Under the general heading of History of the 
Northivest nearly one hundred and fifty pages are devoted to docu- 
mentary material, and there is an extensive monograph on the 
Industrial History of the Valley of the Red River of the North, by 
John Lee Coulter. A number of biographical sketches and several 
Indian legends complete the contents of the volume. 



SOME PUBLICATIONS 



269 



American Colonial Government 1696-1765. By Oliver Morton 
Dickerson, Ph. D. Cleveland: The Arthur H. Clark Company. 
1912. Pp. 390. Plates. To be more explicit, as is stated on the 
title page, Professor Dickerson 's volume is a study of the British 
Board of Trade in its relation to the American colonies, political, 
industrial and economic. 

The book contains six chapters devoted respectively to the organ- 
ization and personnel of the Board of Trade, the relations of the 
Board of Trade to other departments of administration, the diffi- 
culties of colonial administration, the imperialistic policy of the 
Board of Trade, the treatment of colonial legislation, and boun- 
daries, trade, defense, and Indian affairs. Original source material 
in the Public Record Office in London has been drawn upon quite 
largely by the author in the preparation of the volume. 

The Leading Facts of New Mexican History. By Ralph Emer- 
son Twitchell. Cedar Rapids : The Torch Press. 1911. Volume 
I. Pp. xx, 506. Portraits, plates, maps. A study in a very inter- 
esting field has been begun in this first volume of an extensive two- 
volume work. The first chapter deals with the origin and history of 
the first inhabitants, and no region of North America offers greater 
opportunity for fascinating ethnological investigation than the re- 
gion in which New Mexico is situated. The three succeeding chap- 
ters are devoted to the romantic wanderings of Cabeza de Vaca and 
his companions, the search of Friar Marcos de Niza and the negro 
Estevan for the "Seven Cities of Cibola", and the long march of 
Coronado into what is now northern Kansas. 

The activities of the Spanish friars, Agustin Rodriguez, Fran- 
cisco Lopez, and Juan de Santa Maria are described in chapter 
five. The expedition under Don Antonio de Espejo and Fray Ber- 
nardino Beltran up the Rio Grande del Norte, the conquest of New 
Mexico by Don Juan do Onate, and the rebellion and subsequent 
independence of the Pueblos are the subjects of three chapters; 
and the volume closes with an outline of Spanish rule in New Mex- 
ico from 1700 to 1822. 

The volume is amply illustrated by numerous portraits, plates, 
and maps. Copious foot-notes supply not only references to 



270 IOWA JOURNAL OF HISTORY AND POLITICS 



sources, but a great deal of valuable material supplementary to the 
text. 

History of the Zetagathian Society of the State University of 
Iowa. By Theodore A. Wanerus. Iowa City: The Zetagathian 
Society. 1911. Pp. xii, 248. Portrait, plates. This volume con- 
tains a record of the activities and achievements of what was prob- 
ably the earliest college literary society west of the Mississippi 
River. This society numbered among its members men who have 
subsequently been prominent in Iowa and other States, and conse- 
quently the volume will be of interest to many people. Moreover, 
the book presents a view of a certain important phase of student 
life and hence is a valuable contribution to the history of the 
State University of Iowa. The book is well printed on good paper 
and the binding is neat and substantial. 

The Annexation of Texas. By Justin H. Smith. New York: 
The Baker and Taylor Co. 1911. Pp. viii, 496. The annexation 
of Texas was, as the author states in his preface, a "complicated 
and critical affair". The mass of material on the subject, such as 
diplomatic correspondence, legislative journals and documents, pri- 
vate letters, papers, and diaries, is enormous, and requires of the 
investigator a great deal of sifting and an ability to grasp essen- 
tials. The author, however, appears to have been equal to the task. 
The treatment is complete, the method is scientific, and the style is 
clear and readable. 

The twenty-one chapters in the volume carry the subject from 
the first agitation of the annexation question through the intrica- 
cies of diplomacy, Congressional debate, and political party ma- 
nipulation to the final consummation of annexation. The United 
States, England, France, and Mexico, as well as Texas itself, were 
all vitally interested in the long struggle, and hence the narrative 
leads the reader into many fields. 

Proceedings of the Massachusetts Historical Society. Volume 
XLIV. Boston : Massachusetts Historical Society. 1911. Pp. xvi, 
787. Portraits, plate. This large volume contains the reports, 
papers, and addresses presented at the monthly meetings of the 



SOME PUBLICATIONS 



271 



Society from October, 1910 to June, 1911. To mention all of the 
papers in the volume would in this connection be impracticable, 
but a few selections will serve to point out the contributions which 
would seem to be of the greatest general interest, especially to stu- 
dents of western American history. 

Charles Francis Adams is the writer of a paper on The Campaign 
of 1777 which covers approximately fifty pages. The Convention 
of 1800 with France is discussed by Brooks Adams. A paper of 
western interest is one on Negro Suffrage in Kansas and Missouri, 
by Franklin B. Sanborn. Charles Francis Adams in a paper en- 
titled To the Canal Zone and Back writes interestingly of his im- 
pressions while on a journey to the region of the Panama canal. 

Finally, there is a journal of a Tour to the Western Country 
made in 1845 by William Whitwell Greenough. From Boston Mr. 
Greenough journeyed by way of New York City, Philadelphia, 
Pittsburgh, Cleveland, Detroit, and Kalamazoo to Chicago, travel- 
ing partly by rail and partly by boat on the Great Lakes. Thence 
he proceeded westward by stage to Galena, and finally crossed the 
Mississippi River at Dubuque. Returning to Galena without pen- 
etrating further into the interior of Iowa, he went by boat down 
the Mississippi to St. Louis, and in the journal may be found men- 
tion of Rock Island, Bloomington (now Muscatine), Burlington, 
and Nauvoo, the city of the Mormons. The journal is full of inter- 
esting comments upon the route and the places visited, and affords 
a glimpse of eastern Iowa in 1845. 

Des Moines the Pioneer of Municipal Progress and Reform in the 
Middle West together ivith the History of Polk County, Iowa. Two 
volumes. By Johnson Brigham, State Librarian of Iowa. Chi- 
cago : The S. J. Clarke Publishing Co. 1911. Pp. xiv, 746, 1448. 
Portraits, plates, maps. In common with the majority of the new 
histories of Iowa counties, which are appearing in rapid succession, 
the second volume of this work is devoted to biographical data, and 
in the preparation of this volume Mr. Brigham took no part. It is 
therefore the first volume which is the product of Mr. Brigham 's 
pen. 

The great mass of valuable material included in the pages of this 



272 IOWA JOURNAL OF HISTORY AND POLITICS 



volume is arranged under an elaborate classification of books, parts, 
and chapters. Book one, omitting the usual stereotyped history of 
Iowa, is devoted to the history of the Des Moines River, the two 
parts dealing respectively with explorations from Marquette and 
Joliet in 1673 to Captain Allen in 1843, and the attempts to make 
the river navigable. The chapters of book two tell of the history of 
Fort Des Moines and its choice as the location of the State capital. 
The first four parts of book three trace the growth and development 
of Des Moines from the time of the removal of the capital to the 
period of its prominence as a leader in the movement for municipal 
reform. The remaining parts of this book deal with schools and 
colleges, churches, the learned professions, insurance companies, 
banks and bankers, journalism, clubs and societies, transportation, 
and various other topics. Book four is devoted to a general history 
of Polk County. 

Mr. Brigham has worked long and laboriously in the production 
of this volume, which is a marked improvement upon any previous 
history of Des Moines or Polk County, and he has brought to light 
much interesting material hitherto unpublished. 

Studies of the Niagara Frontier. By Frank H. Severance. 
Buffalo : Buffalo Historical Society. 1911. Pp. 437. Maps, dia- 
grams. The above title is given to volume fifteen of the Buffalo 
Historical Society Publications. The book contains not so much 
studies in the history of the Niagara frontier by the author himself 
as accounts of what has been written concerning that region by 
travelers and visitors in the past. For instance, one chapter deals 
with Early Literature of the Niagara Region. In another chapter 
there is a survey of The Niagara Region in Fiction. Chateau- 
briand's impressions are discussed under the heading: A Dreamer 
at Niagara: Chateaubriand in America. Much space is devoted to 
The Niagara in Art, while the visits of scientists receive due atten- 
tion. The various Historical Associations of Buffalo are discussed ; 
and a general summary of the history of the region is presented 
under the heading: From Indian Runner to Telephone. Certain 
errors in histories of the Niagara frontier are pointed out in a sep- 
arate chapter. 

The book, as is customary with the publications of the Buffalo 



SOME PUBLICATIONS 



273 



Historical Society, is neatly printed on good paper and is bound in 
a substantial manner. A good index is a praiseworthy feature. 

History of Muscatine County Iowa from the Earliest Settlements 
to the Present Time. Two volumes. Irving B. Richman, Super- 
vising Editor. Chicago: The S. J. Clarke Publishing Co. 1911. 
Pp. 489, 787. Portraits, plates. This work, conforming to the 
usual custom, is in two volumes, but it is only with the first volume 
that Mr. Richman has had anything to do, the second volume be- 
ing devoted entirely to biographical sketches. 

The opening chapters contain a general discussion of the Iowa 
country, its geology, early inhabitants, exploration, and settlement, 
special attention being given to the region in which Muscatine 
County is located. The organization of Muscatine County, the par- 
ticipation of citizens of the county in the Civil "War, the organiza- 
tion of townships, the German population of the county, the location 
of the county seat, churches and parishes, schools and education, the 
medical profession, bench and bar, journalism, banks and bankers, 
transportation, and associations and fraternal orders — all are sub- 
jects treated in the remainder of the twenty-four chapters which 
make up the volume. The closing chapter is devoted to a very 
valuable chronology of events in Muscatine County from 1834 to 
1910. No better editor for the volume could have been secured 
than Mr. Richman, who keenly appreciates the importance and in- 
terest of local history, and whose historical writings are well known. 

Acquisition of Oregon and the Long Suppressed Evidence About 
Marcus Whitman. Two volumes. By William I. Marshall. Se- 
attle: Lowman & Hanford Co. 1911. Pp. 450, 368. Portrait. 
This posthumous work, the publication of which was made possible 
by the donations of a number of citizens of Washington and Oregon, 
contains a great mass of material in refutation of the Marcus Whit- 
man legend. The author spent many 3^ears of his life in the study 
of Oregon history and arrived at his conclusions relative to Marcus 
Whitman without knowledge of the work being done in the same 
field by the late Professor Bourne. 

The first volume contains seven chapters dealing respectively with 
the unique features of Oregon history, the period of maritime dis- 



274 IOWA JOURNAL OF HISTORY AND POLITICS 



covery, the Louisiana Purchase and the Lewis and Clark expedi- 
tion, the founding and capture of Astoria, the discovery and devel- 
opment of the first continental wagon route, governmental action 
relative to the acquisition of Oregon, and the relation of the Hudson 
Bay Company to American exploration and settlement. This vol- 
ume is therefore quite largely introductory to the discussion of the 
Whitman legend, which is to be found in the second volume. The 
nine chapters of this volume treat of the establishment of missions 
among the Indians in Oregon, the Marcus Whitman legend and the 
evidence relative to the true object of Whitman's ride, and the 
Whitman massacre and its causes. 

While there may be differences of opinion relative to some of the 
conclusions reached by the author, the two volumes are nevertheless 
a real contribution to the history of the Oregon country, especially 
in view of the mass of hitherto unpublished and unknown docu- 
mentary material which they contain. Iowans will be interested in 
a number of references to Matthew M. McCarver, who, before he 
went to the Oregon country, was a pioneer city builder in Iowa. 

AMERICANA 

GENERAL AND MISCELLANEOUS 

Major Robert Anderson and Fort Sumter 1861, by Bba Anderson 
Lawton, is a booklet recently issued from the Knickerbocker Press 
of New York. 

The Twenty -fifth Annual Report of the Commissioner of Labor 
is devoted entirely to an elaborate study of the subject of Indus- 
trial Education. 

The Work of the Hague Court is the subject discussed by N. 
Politis in bulletin number six published by the American Society 
for Judicial Settlement of International Disputes. 

The Business Man's Interest in Peace — Why not Neutralize 
China?, by John Hays Hammond; and An Argument from Hobbcs' 
Leviathan, by E. H. Griffin, are articles in the November number 
of the Maryland Quarlerly published by the Maryland Peace So- 
ciety. 



SOME PUBLICATIONS 



275 



The National Citizens' League for the Promotion of a Sound 
Banking System has published an address by J. Laurence Laughlin 
on Banking Reform and the National Reserve Association. 

In the October-December number of the Proceedings of the Amer- 
ican Philosophical Society may be found a second installment of 
John J. Stevenson's monograph on The Formation of Coal Beds. 

The April number of The American Catholic Historical Research- 
es is a Griffin Memorial Number containing tributes to the late 
Martin I. J. Griffin, who for twenty-five years was the editor of the 
periodical. 

Two recent numbers of the Johns Hopkins University Studies in 
Historical and Political Science are devoted to The Closed Shop in 
American Trade Unions, by Frank T. Stockton; and Recent Ad- 
ministration in Virginia, by F. A. Magruder. 

The Report of the Librarian of Congress for the year ending 
June 30, 1911, contains, among other things, a list of accessions of 
manuscripts and broadsides, and a special report of interest and 
value relative to legislative reference bureaus. 

Among the articles in The History Teacher's Magazine for Feb- 
ruary are: The Evolution of the Teacher, by Lucy H. Salmon; 
How Modern Shall We Make Our Modern History?, by David Sa- 
ville Muzzey ; and The New Age, by Henry Lewin Cannon. 

The December Bulletin of the New York Public Library contains 
a List of Works Relating to Witchcraft in Europe, and a List of 
Works Relating to the Isle of Man. In the January number may be 
found part one of a List of Works Relating to the West Indies. 

Pamphlets recently published by the American Association for 
International Conciliation contain the following articles and ad- 
dresses: The Anglo-American Arbitration Treaty, by Heinrich 
Lammasch; Forces Making for International Conciliation and 
Peace, by Jackson H. Ralston; Finance and Commerce: Their Re- 
lation to International Good Will, by various writers ; Do the Arts 
Make for Peace ?, by Frank Jewett Mather, Jr. ; and An Anthro- 
pologist's View of War, by Franz Boas. 



276 IOWA JOURNAL OF HISTORY AND POLITICS 



The Old Schools and Universities in Scotland, by Alexander 
Gray ; Bagna-Bok and Orkney, by Alfred W. Johnston ; and a con- 
tinuation of the Chronicle of Lanercost, by Herbert Maxwell, are 
among the contributions in the January number of The Scottish 
Historical Beview. 

An article on The Quest of El Dorado, by J. A. Manso, is begun 
in the January number of the Bulletin of the Ban American Union, 
and is continued in succeeding issues. In the March number Harry 
0. Sandberg tells of ancient structures at Palenque in an article 
entitled Ancient Temples and Cities of the New World. 

Business Baying the Brice, by Henry Harrison Lewis; A Brief 
Survey of Export Conditions, by Steven de Csesznak; The Bailway 
Situation at the Close of 1911, by George Sherwood Hodgins; and 
The Nation 9 s Greatest Beril, by John Kirby, Jr., are articles which 
appear in the December number of American Industries. 

The National Association for the Advancement of Colored People 
has published a booklet containing a centennial oration on Wendell 
Bhillips, delivered at Park Street Church in Boston on November 
28, 1911, by Wendell Phillips Stafford. The book is illustrated by 
photographs of Wendell Phillips taken at different periods in his 
life. 

Among the articles in the American F ederationist during the past 
quarter are: The Wage-Earners and the Employers, by John 
Mitchell (January) ; Bublic Opinion and Labor, by Samual Gom- 
pers, and A Short Ballot f — Well, it Depends, by J. W. Sullivan 
(February) ; and The Lawrence Strike, by Samuel Gompers 
(April). 

Why Canada Bejected Beciprocity, by a Canadian, is a brief and 
concise statement on one phase of a topic which was of widespread 
interest during last year, which appears in the January number of 
the Yale Beview. Under the heading of Simplified City Govern- 
ment Clinton Rogers Woodruff states the advantages of the com- 
mission plan. Grant Showerman is the writer of a spicy sketch on 
The Making of a Democrat. Among the remaining contributions 
is an article on The Sherman Act and Business, by Guy W. Mallon. 



SOME PUBLICATIONS 



277 



Two biographical sketches in the Annual Report of the Smith- 
sonian Institution for 1910 are: Melville Weston Fuller — 1833- 
1910, by Charles D. Walcott ; and •Alexander Agassiz, 1835-1910, by 
Alfred Goldsborough Mayer. Another paper of historical interest 
is one on The Cave Dwellings of the Old and New Worlds, by J. 
Walter Fewkes. 

Two historical articles to be found in the Journal of the United 
States Cavalry Association for March are: Grant's Movements 
Across the James, by George Van Horn Moseley; and Shelby's Ex- 
pedition to Mexico, by H. A. White. The latter article is a review 
of a book, now out of print, dealing with an incident in the history 
of the Civil War of which little is known. 

The Report of the Twenty-ninth Annual Lake Mohonk Confer- 
ence of Friends of the Indian and Other Dependent Peoples con- 
tains the proceedings of the meeting held on October 18-20, 1911. 
As is usually the case the papers and addresses deal with various 
problems connected with the American Indians, the Alaskan na- 
tives, and the people of Porto Rico and the Philippines. 

Beet Sugar and the Tariff is the subject discussed by F. W. 
Taussig in the opening pages of The Quarterly Journal of Eco- 
nomics for February. Other articles are: The Recent Rise in the 
Price of Silver and Some of its Monetary Consequences, by E. W. 
Kemmerer; The British National Insurance Act, by Robert F. 
Foerster; and Tenancy in the Western States, by Benjamin H. 
Hibbard. 

Among the articles in The Survey during the past three months 
are: Supreme Court and the Loan Shark, by Arthur H. Ham (Jan- 
uary 13) ; The Lenroot Bill, by Frank J. Goodnow (January 27) ; 
The Steel Industry and the People in Colorado, by John A. Fitch 
(February 3) ; The Quality of Service, by Frank L. McVey (Feb- 
ruary 10) ; The Significance of the Situation at Lawrence, by W. J. 
Lauck (February 17) ; Some Expressions of Democracy, by Gaylord 
S. White (February 24) ; For a Just Industrial Peace, by Allen T. 
Burns; and State Intervention in Strikes, by Paul Kennaday 
(March 16) ; and Probation and Politics (March 30). 



vol. x — 18 



278 IOWA JOURNAL OF HISTORY AND POLITICS 



The February number of the American Labor Legislation Review 
contains the proceedings of the fifth annual meeting of the Amer- 
ican Association for Labor Legislation. The general subjects of 
discussion at this meeting were the unemployment problem in 
America, safety and health in the mining industry, uniform report- 
ing of industrial injuries, and the relation of State to federal work- 
men's compensation and insurance legislation. 

The Boston Police Department, by George H. McCaffrey; The 
State's Authority to Punish Crime, by Harold Hoffding; The Pub- 
lic Defender: The Complement of the District Attorney, by Robert 
Ferrari; and The McNamara Sentence Justified, by Francis J. 
Heney, are articles in the Journal of the American Institute of 
Criminal Law and Criminology, for January. In the March num- 
ber two contributions are : Delays in Courts of Revieiv in Criminal 
Cases, by Frank K. Dunn; and The Problem of Causation of Crim- 
inality, by William Healy. 

Courts of Law and Representative Assemblies in the Sixteenth 
Century, by W. S. Holdsworth; and The Parliament Act and the 
British Constitution, by Edward Jenks, are two articles which ap- 
pear in the January number of the Columbia Law Review. In the 
February number Roland R. Foulke begins a discussion of Re- 
straints on Trade, which is continued in the March number. Here 
may also be found the first of a series of lectures by Sir Frederick 
Pollock on The Genius of the Common Law, the subject of the pres- 
ent lecture being Our Lady and her Knights. 

Democracy in the Household, by Lucy M. Salmon; Immigration 
and Crime, by I. A. Hourwich; and The Case of Purpose Against 
Fate in History, by Alfred H. Lloyd, are articles of special interest 
in the January number of The American Journal of Sociology. The 
March number opens with the presidential address on The Quality ; 
of Civilization, delivered at the last annual meeting of the Amer- | 
ican Sociological Society by Franklin H. Giddings. Among the 
other articles are : The City as a Socializing Agency, by Frederic C. 
Howe; The Restriction of Immigration, by Henry Pratt Fairchild; 
and The Application of the Social Survey to Small Communities, 
by John Lewis Gillin. 



SOME PUBLICATIONS 



279 



The January number of The South Atlantic Quarterly consti- 
tutes the tenth anniversary number of the periodical. The opening 
pages contain an editorial discussion of Ten Years of the South 
Atlantic Quarterly. Among the articles are : The Morocco Crisis of 
1911, by Edward Raymond Turner; William Tecumseh Sherman 
as College President, by "Walter L. Fleming; The Appeal to An- 
cestry in Literature, by William Wistar Comfort; Lee and Psy- 
chography, by Gamaliel Bradford, Jr. ; and William Pitt and his 
Recent Critics, by William Thomas Laprade. 

Volume five, number four of The Journal of American History 
opens with an article on The Winning of Oregon, by Robert H. 
Blossom. The article traces the checkered history of the Oregon 
country from the time it was first seen by white men to the date of 
its acquisition by the United States. There are numerous cuts of 
the persons most prominently connected with the winning of Ore- 
gon. The Battle of Fort Griswold is described by Mabel Cassine 
Holman ; while other articles are : The Conspiracy of Aaron Burr — 
A Sidelight on Mississippi History, by Elizabeth Brandon Stanton ; 
The Losing and Finding of the "Resolute", by J. C. Burkholder; 
and An Echo from the Civil War, by Stephen Farnum Peckham. 

Continental Agents in America in 1776 and '77 is the subject of 
an article by Alice Goddard Waldo which is begun in the December 
number of Americana. James W. Dixon discusses The United 
States Senate in 1860-61. The installment of John R. Meader's 
The Little Wars of the Republic here printed is devoted to The 
Burr Conspiracy. The installment in the January number de- 
scribes John Broivn's Raid. Another article in the January num- 
ber is a discussion of The United States and International Arbitra- 
tion, by Lindsay Rogers. Among the contributions in the February 
number is Abraham Lincoln: An Example of Patriotism and Self 
Education, by Thomas S. Lonergan. In all three numbers there are 
continuations of the History of the Mormon Church, by Brigham 
H. Roberts. 

The German Elections, by Jeremiah W. Jenks ; What the British 
Have Bone for India, by Saint Nihal Singh ; and The Short Ballot 



280 IOWA JOURNAL OF HISTORY AND POLITICS 



in American Cities, by H. S. Gilbertson, are among the articles in 
the January number of The American Review of Reviews. In the 
February number may be found a discussion of Yuan Shik-kai and 
the Closing Days of the Manchu, by Adachi Kinnosuke ; an article 
on The College and the Man, by J. Irving Manatt, which deals with 
the life and services of the late Professor Leonard F. Parker of 
Grinnell College; and an article on The National Archives: Are 
They in Peril f ', by Rosa Pendleton Chiles. Among the contribu- 
tions in the March number are: The Fourth Constitutional Con- 
vention of Ohio, by Henry W. Elson ; and The Growth of Socialism, 
by Thomas Seltzer. 

The Recent Trust Decisions is the subject of a timely article by 
Henry R. Seager which opens the December number of the Political 
Science Quarterly. Isaac A. Hourwich discusses The Economic 
Aspects of Immigration; and other contributions are : State Tax- 
ation of Interstate Commerce, by H. J. Davenport ; and The Letters 
of John Stuart Mill, by John H. Hollander. In the March number 
the leading article is a discussion of The Supreme Court — Usurper 
or Grantee, by Charles A. Beard. Other articles in this number are : 
The "Levy Election Law" of 1911 in New York, by Albert S. 
Bard; a continuation of the study of State Taxation of Interstate 
Commerce, by H. J. Davenport ; The Social and Economic Problems 
of Modern Spain, by Clarence Perkins ; and The Diary of Gideon 
Welles, by William A. Dunning. 

The February number of The American Political Science Review 
opens with the presidential address on The Progressive Unfolding 
of the Powers of the United States, delivered by Simeon E. Baldwin 
at the annual meeting of the American Political Science Associa- 
tion last December. Diplomatic Affairs and International Law 
1911 is the subject discussed by Paul S. Reinsch; while the remain- 
ing article is one on The Operation of the Recall in Oregon, by 
James D. Barnett. Ballot legislation, primary election, and tax 
legislation are the fields of legislation of which summaries may be 
found in the Notes on Current Legislation, edited by Horace E. 
Flack. At the last annual meeting of the American Political Sci- 
ence Association it was voted that in the future the proceedings of 



SOME PUBLICATIONS 



281 



the Association should be published in a supplement to the Review. 
Consequently a supplement to the February number contains the 
proceedings of the meeting held at Buffalo and Toronto in Decem- 
ber, 1911. Recent constitutional changes, municipal and local gov- 
ernment, American diplomacy, and Canadian politics are the main 
topics of discussion in the papers read at this meeting. 

China Social and Economic Conditions is the general topic of 
discussion in the January number of The Annals of the American 
Academy of Political and Social Science. There are papers on such 
subjects as the Chinese revolution, republican government in China, 
the solution of the Manchurian problem, the open door, the causes 
of Chinese emigration, and American commercial interests in Man- 
churia. Many of the writers are Chinese. The March number of 
the Annals is devoted to articles dealing with various industrial 
and social problems of rural communities, grouped under the head- 
ing of Country Life. The conditions and needs of country life, 
agricultural education, farm tenancy in the United States, scien- 
tific farming, the good roads movement, immigrant rural communi- 
ties, social life in the country, the country school, the tramp 
problem, and village problems are among the subjects discussed. 

The American Economic Review for March opens with a discus- 
sion of Wage Boards in England, by E. F. Wise. The Legal Mini- 
mum Wage in the United States, by A. N, Holcombe, is an article 
on a subject which has recently received considerable attention. 
The two remaining articles are : Profit on National Bank Notes, by 
Spurgeon Bell ; and Theories of Progress, by S. N. Patten. A sup- 
plement to this number of the Review contains the Papers and Pro- 
ceedings of the Twenty-fourth Annual Meeting of the American 
Economic Association held at "Washington, D. C, in December, 1911. 
Among the papers and addresses at that meeting are: The Eco- 
nomic Utilization of History, by Henry W. Farnam ; Economic In- 
vestigation as a Basis for Tariff Legislation, by Henry C. Emery 
and H. Parker Willis; The Federal Budget, by President Taft; 
The Restriction of Immigration, by Henry P. Fairchild; The Sig- 
nificance of Emigration, by W. W. Husband; and Recent Investi- 
gations on the Cost of Living, by Henry J. Harris. 



282 IOWA JOURNAL OF HISTORY AND POLITICS 



WESTERN" 

A little volume of western interest, dealing with certain phases 
of the early history of Ohio, is entitled The Portage Path, and is 
written by P. P. Cherry. 

A Bulletin of the University of New Mexico published in Febru- 
ary contains a brief discussion of The Spanish Language in New 
Mexico: A National Resource, by E. D. McQueen Gray. 

Among the recent publications of G. P. Putnam's Sons is a vol- 
ume entitled An Artillery Officer in the Mexican War 1846-7, which 
is made up of a collection of letters of Robert Anderson of Fort 
Sumter fame, arranged by his daughter, Eba Anderson Lawton. 

Among the articles in The University of California Chronicle for 
January are: Williams College in 1845, by Horace Davis; The 
Races and Tongues of Men, by Benjamin Ide Wheeler; and The 
Mission of Higher Commercial Education, by Lincoln Hutchinson. 

A number of the University of Illinois Bulletin published in 
September, 1911, contains a List of Serials in the University of 
Illinois Library Together with Those in Other Libraries in Urbana 
and Champaign, which will be of value as a finding list of ma- 
terials. 

Volume nine, part one of the Anthropological Papers of the 
American Museum of Natural History is devoted to Notes on the 
Eastern Cree and Northern Saulteaux, by Alanson Skinner. The 
habitations, industries, manners, customs, folk-lore, and many other 
phases of the life of these Indians are discussed in detail, and there 
are a number of illustrative plates and figures. 

Among the articles in the October-December number of The 
American Antiquarian and Oriental Journal are the following: 
The Interglacial Period, by Charles Hallock; The Calveras Skull, 
by Felix J. Koch; Notes on Prehistoric Discoveries in Wayne 
County, Michigan, by John A. Russell ; When Horace Greeley Lived 
in Michigan, by John O. Viking; The Jesup North Pacific Expedi- 
tion, by Harlan I. Smith; and a brief note on the Indian Mound 
Groups and Village Sites About Madison. 



SOME PUBLICATIONS 



283 



A Text-book of Fifty Years Ago, by U. G. Mitchell; How the 
University was Located, by Wilson Sterling ; and The Mirthful Side 
of Chancellor Snow's Life, by C. W. Stephenson, are contributions 
in the February number of The Graduate Magazine of the Univer- 
sity of Kansas. Under the heading A Historic Meeting in the 
March number "Wilson Sterling tells of the first meeting of the 
Board of Regents of the University of Kansas. 

IOWANA 

Conservation as Applied in Banking, by H. N. Grut, is an article 
in the February number of The Northwestern Banker. 

In the January number of The Grinnell Review may be found 
a number of tributes to the late Professor L. F. Parker. 

The McCauslands of Donaghanie and Allied Families is the title 
of a genealogical booklet compiled by Miss Merze Marvin of Shen- 
andoah. 

College Days in the '70's is the subject of an article by W. 0. 
Robinson which appears in the February number of The Alumnus 
published at Iowa State College at Ames. 

A biographical sketch of Benjamin P. Cosand, by Louis T. Jones, 
is to be found in the December number of Western Work, the 
organ of the Friends Church published at Oskaloosa. 

Some of My Experiences as a Sailor; or the Wreck of the "Jenny 
Barto", by J. A. Anthony; and The Aborigine: A Retrospect, by 
T. S. Brown, are articles in the February number of Autumn 
Leaves. 

The proceedings of the Twelfth Annual Conference of the Iowa 
Daughters of the American Revolution held at Des Moines on 
October 18 and 19, 1911, have been printed in a pamphlet of over 
forty pages. 

The series of articles by Theodore A. Wanerus on Presidents 
of the University is continued through the January, February, and 
March numbers of The Iowa Alumnus published at the State 
University of Iowa. 



284 IOWA JOURNAL OF HISTORY AND POLITICS 



Continuations of biographical and autobiographical material 
make up the contents of the January number of the Journal of 
History published at Lamoni by the Reorganized Church of Jesus 
Christ of Latter Day Saints, with the exception of an article on 
Graceland College, by Inez Smith. 

A Bit of History and of Reminiscence is the subject of a paper 
by Luther A. Brewer which is printed in a neat pamphlet containing 
an account of a banquet held on March 9, 1912, to celebrate the 
quarter centennial of Mr. Brewer's connection with the Republican 
Printing Company of Cedar Rapids. 

The Improvement of Municipal Physical Records, by Earnest C. 
Meyers, is an article in the January number of The City Hall — 
Midland Municipalities. Contributions in the February number 
are: Function of State Municipal Accounting, by F. M. Abbott; 
Waterivorks Today Compared to Olden Times, by J. A. Cable ; and 
The Functions of a Municipal Reference Department, by Charles 
Homer Talbot. 

Shakespeare and Freemasonry, by William Norman McDaniel ; a 
continuation of Neglected and Difficult Points of Masonic History, 
and Chiefly of the Ancient or Jacobite Masonry, by John Yarker; 
and Freemasonry as it Was and as it Should be for all Time, by 
R. F. Elring, are articles in the January number of The American 
Freemason. In the February number may be found A Brand-New 
Theory of Masonic Origins, by the editor; and The Menace of 
Catholicism, by F. W. Hersy. 

The Proceedings of the Seventeenth Annual Meeting of the Iowa 
State Bar Association held at Oskaloosa, Iowa, June 29 and 30, 1911, 
contains, among others, the following papers and addresses: The 
Lawyer as a Patriot, by John C. Sherwin; John Marshall, by J. L. 
Carney; Uncertainties of the Law, by "J. A. Devitt; The Judge and 
the Law, by J. M. Parsons; The Railroads and the Law, by J. C. 
Davis; and Employers 9 Liability and Workingmen's Compensation 
Acts, by John Burke. The volume is an improvement on its prede- 
cessors in the arrangement of the contents and in the appearance 
of an adequate index. The work is edited by the Secretary of the 
Association, Professor H. C. Horack. 



SOME PUBLICATIONS 



285 



SOME RECENT PUBLICATIONS BY IOWA AUTHORS 

Bain, Harry Foster, 

Types of Ore Deposits. San Francisco : Mining and Scientific 
Press. 1911. 
Brigham, Johnson, 

History of Des Moines and Polk County. Chicago : The S. J. 
Clarke Publishing Co. 1911. 
Crawford, James Shannon, 

Philosophic Anarchism: Its Good Side and its Very Bad. 
Cherokee, Iowa: Published by the author. 1911. 
Devine, Edward T., 

The Spirit of Social Work. New York: Charities Publica- 
tion Committee. 1911. 
Douglass, Truman 0., 

The Pilgrims of Ioiva. Boston: The Pilgrim Press. 1911. 
Ferber, Edna, 

Buttered Side Down. New York: Frederick A. Stokes Co. 
1912. 

Horack, H. Claude (Editor), 

Proceedings of the Seventeenth Annual Meeting of the Iowa 
Bar Association. Iowa City: Iowa State Bar Association. 
1911. 
Hough, Emerson, 

John Raivn. Indianapolis: The Bobbs-Merrill Co. 1912. 
Hughes, Rupert, 

The Old Nest. New York: The Century Co. 1912. 
King, Irving, 

Social Aspects of Education. New York : The Macmillan Co. 
1912. 

Lazell, Frederick John, 

Some Autumn Days in Iowa (New and enlarged edition). 
Cedar Rapids: The Torch Press. 1912. 
Marvin, Merze, 

The McCauslands of Donaghanie and Allied Families. Shen- 
andoah : Published by the author. 1911. 



286 IOWA JOURNAL OF HISTORY AND POLITICS 



Meyers, F. W., 

History of Crawford County, Iowa. Chicago: The S. J. 
Clarke Publishing Co. 1911. 
Murphy, Thomas D., 

Three Wonderlands of the American West. Boston: L. C. 
Page Co. 1912. 
Page, Charles Nash, 

The Page Family. Des Moines : Published by the author. 
1912. 
Parish, John Carl, 

George Wallace Jones. Iowa City: The State Historical So- 
ciety of Iowa. 1912. 
Shambaugh, Benj. F. (Editor), 

Proceedings of the Mississippi Valley Historical Association 
for the Year 1910-1911. Cedar Rapids: The Torch Press. 
1912. 

SOME RECENT HISTORICAL ITEMS IN IOWA NEWSPAPERS 

The Register and Leader 

George H. Maish, an Early Settler, by L. F. Andrews, January 
14, 1912. 

Iowa Soldiers Raised the Flag Above the Capital in Columbia, 

S. C, January 14, 1912. 
Mrs. Harriet Lyon, a Noted Woman of Central Iowa, January 14, 

1912. 

L. M. G. Barnett, One of the Local Pioneers, by L. F. Andrews, 

January 21, 1912. 
Hornet's Nest Brigade Hold Anniversary Reunion, January 21, 

1912. 

Des Moines People Seventeen Years in Single Tax Colony, January 
21, 1912. 

Heroic Deed of Kate Shelly Recalled, by J. F. Lewis, January 28, 
1912. 

Prominent Places Held and Honored by Iowa Railroad Experts, 
February 4, 1912. 



s 



SOME PUBLICATIONS 



287 



Five Survivors of the First Swedish Colony in Iowa, February 
4, 1912. 

Sketch of Life of James B. Weaver, February 7 and 8, 1912. 
A Literature of Iowa, February 10, 1912. 

History as Recorded by Signatures and Legends on Hotel Registers, 

by Frederick C. Smith, February 11, 1912. 
Martin Flynn as a Railroad Builder, by L. F. Andrews, February 

11, 1912. 

The Charge on Fort Donelson, by J. B. "Weaver, Jr., February 18, 
1912. 

Iowa had a Reno Once — Now it is Merely History, by J. F. Lewis, 

February 18, 1912. 
Mandelbaum and Sons, Pioneer Business Firm, by L. F. Andrews, 

February 18, 1912. 
McGregor Military Road, by Florence Clark, February 25, 1912. 
Thomas W. Purcell Celebrates Henderson Hill Anniversary, March 

3, 1912. 

Relic of Visit Paid Dubuque by Horace Greeley in 1855, March 
10, 1912. 

Mrs. Mary Styles — A Real Pioneer of Iowa, March 10, 1912. 
Nathan Andrews — A Des Moines Pioneer, by L. F. Andrews, 

March 10, 1912. 
Patriarchal Pioneers of Delaware County, March 17, 1912. 
John Hays — Pioneer, by L. F. Andrews, March 17, 1912. 
Animal Life in Prehistoric Iowa, March 24, 1912. 
Professor Jesse Macy of Grinnell Will Retire, March 24, 1912. 
John M. Brainard Tells of Snow Storm, March 24, 1912. 
Homer P. Branch — One of Iowa's Best Editor Poets, March 31, 

1912. 

Virginia Tragedy Recalls Iowa Bandit's Escape from Court, by 

C. Ray Aurner, March 31, 1912. 
Mississippi River War, March 31, 1912. 

J. H. Windsor — Pioneer Business Man, by L. F. Andrews, March 
31, 1912. 

The Burlington Hawk-Eye 
In Old Burlington. (In each Sunday issue.) 



288 IOWA JOURNAL OF HISTORY AND POLITICS 



Reminiscences by W. P. Elliot, January 21, 1912. 

An Execution in the Army, January 21, 1912. 

The First Swedish Settlement in Iowa, January 28, 1912. 

Sketch of History of the Hilleary Family, February 4, 1912. 

The Winter of 1863-4, February 4, 1912. 

Lights and Shadows of a Soldier's Life, by Robert J. Burdette, 
February 4 and 25, and March 3, 1912. 

Two Years Experience Under the Commission Plan of City Gov- 
ernment, February 17, 1912. 

Going to the War and Cold Winters, by H. Heaton, February 25, 
1912. 

The Past Year in Burlington, March 3, 1912. 
When River Cities Opposed Bridging the Mississippi, March 10, 
1912. 

Some Old Landmarks, March 17, 1912. 

Sketch of Life of Morris W. Blair, March 17, 1912. 

The Testing of the Brook, by Robert J. Burdette, March 31, 1912. 

The Dubuque Telegraph-Herald 

Mrs. Harriet Lyon — Pioneer Iowa Woman, January 14, 1912. 
Coldest January in Local History, January 21, 1912. 
Senator Allison's Narrow Escape, January 21, 1912. 
Historic Old Military Highway, January 21, 1912. 
Mrs. Mary Styles — Pioneer Dubuque Woman, March 3, 1912. 
History of Mississippi River, March 31, 1912. 



HISTORICAL SOCIETIES 



PUBLICATIONS 

The Proceedings of the Rhode Island Historical Society, 1910- 
1911, have been published in pamphlet form by the Society. 

Floyd C. Shoemaker's article on The First Constitution of 
Missouri has been reprinted in pamphlet form from the Missouri 
Historical Review. 

The principal contribution in the January number of The Med- 
ford Historical Register is an article on Literary Medford, by Louise 
Peabody Sargent. 

A Bibliography of Wisconsin's Participation in the War Between 
the States, prepared by Isaac Samuel Bradley, has been published 
by the Wisconsin History Commission. 

The September-December number of the German American An- 
nals is taken up entirely with a continuation of Charlotte S. J. 
Epping 's translation of the J ournal of Du Roi the Elder. 

The New Haven Colony Historical Society has published a pamph- 
let containing the reports presented at the annual meeting on 
November 20, 1911, and a list of officers and members. 

A portion of an Analytical Index, including the letters from A 
to F, of the eight-volume collection of the Public Papers of George 
Clinton has been published by the State Historian of New York. 

The October-December number of The Quarterly Publication 
of the Historical and Philosophical Society of Ohio is devoted to 
the annual report of the Society for the year ending December 
4, 1911. 

A number of the Publications of the Academy of Pacific Coast 
History published in December contains the Diary of Fray Narciso 
Duran while on an expedition on the Sacramento and San Joaquin 
rivers in 1817. 



289 



290 IOWA JOURNAL OF HISTORY AND POLITICS 



The Proceedings of the Sixth Annual Conference of Historical 
Societies, reported by "Waldo G. Leland, have been reprinted from 
the Annual Beport of the American Historical Association for 
1909 which recently came from the press. 

Among the articles in The Indiana Magazine of History for De- 
cember are: A Historical Sketch of Irvington, Indiana, by Mrs. 
Vida T. Cottman; Reminiscences of Judge Finch; and Old-Time 
Slums of Indianapolis, by George S. Cottman. 

The Annual Beport of the Director of the Department of His- 
torical Research of the Carnegie Institution of Washington con- 
tains an account of the activity of the Department during the year 
1911 and an outline of plans for the future. 

Volume two, number one of The James Sprunt Historical Pub- 
lications, published under the direction of the North Carolina 
Historical Society, contains a brief monograph on County Gov- 
ernment in Colonial North Carolina, by William Conrad Guess. 

A neat booklet containing the charter and by-laws, and a list 
of officers and members has been published by the Pennsylvania 
Society of Colonial Governors. A list of all the Governors of each 
of the thirteen colonies is also to be found in the booklet. 

Among the contributions in The Neiv England Historical and 
Genealogical Begister for January are: William Taggard Piper, 
by Clarence Walter Ayer; Dutch Johnsons in Connecticut, by 
Donald Lines Jacobus; and the Diary of Jeremiah Weare, Jr., of 
York, Me., transcribed by Samuel G. Webber. 

The installment of The Bandolph Manuscript published in the 
January number of The Virginia Magazine of History and Bi- 
ography consists of memoranda from Virginia records for the 
years 1688-1690. Continuations of various other series of docu- 
ments occupy the remainder of the Magazine. 

The December number of the Journal of the Presbyterian His- 
torical Society is a memorial number filled with tributes to the late j 
Henry Christopher McCook. Two articles in the March number | 
are: Makemie and Behoboth, by L. P. Bowen; and an Historical 
Sketch of the Ewing Presbyterian Church, by William M. Lanning. 



HISTORICAL SOCIETIES 



291 



The Chenoweth Family Massacre, by Alfred Pirtle, is a booklet 
published by the Kentucky State Historical Society. In addition 
to the main article the booklet also contains a transcript of the 
Petition of the Inhabitants of Kentucky Bead August 23, 1780, and 
of a Memorial and Petition of the Pioneers of 1782-1783. 

The eighth volume of the Massachusetts Historical Society Col- 
lections, Seventh Series, contains part two of the Diary of Cotton 
Mather, covering the years from 1709 to 1724. The diary is espe- 
cially interesting as a record of the religious views of its author 
and his contemporaries. Besides the diary there are many letters 
to and from prominent men in the colonies. 

James Guthrie, Lawyer, Financier, and Statesman, by George 
Baker ; Henry Clay, by Zachariah Frederick Smith ; Patriotic Songs 
of All Nations, by Ella Hutchinson Ellwanger ; and Five Hundred 
Kentucky Pioneers, by A. C. Quisenberry, are articles in the Jan- 
uary number of The Register of the Kentucky State Historical 
Society. The concluding installment of the Bailey -Randolph His- 
tory and Genealogy, by William E. Bailey, is also to be found in 
this number. 

An article on The First Constitution of Missouri, by Floyd C. 
Shoemaker, occupies the leading place in the Missouri Historical 
Review for January. A Bibliography of Books of Travel in Mis- 
souri, prepared by F. A. Sampson, is valuable for purposes of 
reference. J. F. Snyder writes on the Battle of Osawatomie; a 
few pages are devoted to Reminiscences of Wm. M. Boggs, Son of 
Lilburn W. Boggs; and there is a brief article on the Neiv Madrid 
Earthquake, by John Shaw. 

The twelfth volume of the Transactions and Collections of the 
American Antiquarian Society is devoted entirely to British Royal 
Proclamations Relating to America 1603-1783, edited by Clarence 
S. Brigham. The volume contains all of the English royal procla- 
mations relating to North and South America which emanated di- 
rectly from the King during the years indicated — a total of ap- 
proximately one hundred proclamations, the majority of which re- 
late to the regulation of trade and commerce. 



292 IOWA JOURNAL OF HISTORY AND POLITICS 



Somatology and Man's Antiquity, by George Grant MacCurdy; 
Computing the Age of Terrace Gravels, by George Frederick 
Wright; and The Mound-Builders: A Plea for the Conservation of 
the Antiquities of the Central and Southern States, by William 
Baker Nickerson, are articles in the November-December number of 
the Records of the Past. In the January-February number there is 
a note on the Origin of the African Aborigine, and an article on 
the Ruins at Pesedeuinge, by J. A. Jeancon. 

Three excellent contributions make up the contents of The Quar- 
terly of the Texas State Historical Association for January. Eugene 
C. Barker writes on The Texan Declaration of Causes for Taking up 
Arms Against Mexico. William Edward Dunn discusses Missionary 
Activities Among the Eastern Apaches Previous to the Founding 
of the San Saba Mission. Finally, there is an opening installment 
of Correspondence from the British Archives Concerning Texas, 
1837-1846, edited by Ephraim Douglass Adams. 

William Logan's Journal of a Journey to Georgia, 1745, opens the 
January number of The Pennsylvania Magazine of History and 
Biography. Other contributions are: English Translation of 
Dedication and Preface of Peter Kalm's Travels, by Adam J. ! 
Strohm; a continuation of the Orderly Book of the Second Penn- 
sylvania Line: Col. Henry Bicker, edited by John W. Jordan; 
Colonel Robert Lettis Hooper, by Charles Henry Hart; and The 
First Abolition Society in the United States, by Edward Raymond 
Turner. 

A Case Under an Illinois Black Law, by J. N. Gridley, is an 
article which opens the January number of the Journal of the 
Illinois State Historical Society. Other contributions are : History 
of the Title to Lands in Rock Island County, Illinois, by Charles 
L. Walker; Dr. James Robinson, by J. F. Snyder; Historic Sites 
and Scenes in Randolph County, Illinois, by W. M. Butler; The 
Indian Statue Near Oregon, Illinois, by Richard V. Carpenter; 
and an Historical Sketch of ~W ethers field, Henry County, Illinois, 
by Charles T. Little. Among the Reprints is a contemporary ac- 
count of the Death of Elijah Lovejoy. 



HISTORICAL SOCIETIES 



293 



Some New Jersey Printers and Printing in the Eighteenth Cen- 
tury, by William Nelson; The Shays Rebellion a Political After- 
math, by Andrew MacFarland Davis; The Value of Ancient Mex- 
ican Manuscripts in the Study of the General Development of 
Writing, by Alfred M. Tozzer ; and The Hull-Eaton Correspondence 
During the Expedition Against Tripoli, 1804-1805, edited by 
Charles Henry Lincoln, are contributions in the Proceedings of the 
American Antiquarian Society for the semi-annual meeting on 
April 12, 1911. 

The principal article in the December number of the Records of 
the American Catholic Historical Society is a biographical sketch 
of Thomas Dongan, Catholic Colonial Governor of New York. E. 
I. Devitt is the compiler of The Clergy List of 1819, Diocese of Bal- 
timore. The March number opens with an article on The Rev. 
Peter Helbron, Second Pastor of Holy Trinity Church, Philadel- 
phia, by the late Martin I. J. Griffin. A letter from Archbishop 
Hughes to Governor Seward on the School Question, 1842, is also 
to be found in this number. 

The White Indented Servants of South Carolina, by Theodore 
D. Jervey, is an article which occupies the opening pages of The 
South Carolina Historical and Genealogical Magazine for October. 
The Register of St. Andrews Parish, Berkeley County, South Car- 
olina, is edited by Mabel L. Webber. There are also continuations 
of the Journal of the Campaign to the Southward, May 9th to July 
14th, 1778, kept by John Faucheraud Grimke ; and of the Abstracts 
from the Records of the Court of Ordinary of the Province of South 
Carolina, 1700-1712, prepared by A. S. Salley, Jr. 

The much belated January, 1911, number of the Annals of Iowa 
is a memorial number to the late William Salter, and is entirely 
taken up with an article on the life and services of Dr. William 
Salter, by James L. Hill of Salem, Massachusetts. In the April, 
1911, number there is an article by C. C. Stiles on The White Breast 
Boundary Line. The article embraces some interesting docu- 
mentary material found in the State Archives, including the of- 
ficial report by George W. Harrison who surveyed the boundary 



vol. x — 19 



294 IOWA JOURNAL OF HISTORY AND POLITICS 



line in question. Under the heading Toombs of Georgia Champions 
Harlan of Iowa there is a brief article by J ohnson Brigham dealing 
with a phase of the long contest in the United States Senate over 
the right of James Harlan to his seat after his first election in 1855. 
Other articles are : The County Judge System, by James 0. Crosby; 
Martin H. Calkins, by L. F. Andrews; and Catholic Missionaries in 
the Early and in the Territorial Days of Ioiva, by John F. Kemp- 
ker. 

The American Historical Review for January opens with the 
presidential address on The Substance and Vision of History, de- 
livered by William M. Sloan at the annual meeting of the American 
Historical Association at Buffalo in December. Two articles deal- 
ing with phases of European history are: Prince Henry of 
Portugal and his Political, Commercial, and Colonizing Work, by 
C. Raymond Beazley. The American Intervention in West Florida, 
by Isaac J. Cox; and Taxation of the Second Bank of the United 
States by Ohio, by Ernest L. Bogart. Under the heading of Docu- 
ments may be found some Secret Reports of John Howe, 1808, con- 
tributed by David W. Parker. 

The eleventh number of the Publications of the North Carolina 
Historical Commission contains the Proceedings of the Eleventh 
and Twelfth Annual Sessions of the State Literary and Historical 
Association, compiled by Clarence Poe. North Carolina Must Pre- 
serve its Historical Records is the title of an address delivered by 
Thomas J. Jarvis at the eleventh annual session. Among the ad- 
dresses in the twelfth annual session are : Prosperity and Patriot- 
ism, by Edward K. Graham; What Should a State History for the 
Public Schools Contain?, by C. Alphonso Smith; The Constitution 
and its Makers, by Henry Cabot Lodge, who was the guest of honor ; 
and Historical Activities in North Carolina, by R. D. W. Connor. 

T. C. Elliott is the writer of an article on David Thompson, ' 
Pathfinder, and the Columbia River, which appears in the Septem- 
ber number of The Quarterly of the Oregon Historical Society. 
There is an interesting address by Frederick V. Holman on Some 
Important Results from the Expeditions of John Jacob Astor to, 



HISTORICAL SOCIETIES 



295 



and from the Oregon Country. Following this address may be 
found the fourth installment of Walter Carleton Woodward's mon- 
ograph on The Rise and Early History of Political Parties in 
Oregon. F. G. Young is the writer of an article entitled Oregon 
History for "The Oregon System" ; and there is a brief sketch of 
the life of Ranald McDonald by Eva Emery Dye under the head- 
ing : A Hero of Old Astoria. A lengthy Report on the Territory of 
Oregon, made by Charles Wilkes in 1842, is the concluding con- 
tribution. 

The volume of Missouri Historical Society Collections for 1911 
opens with an important and interesting contribution, namely, 
Chouteau's Journal of the Founding of St. Louis, which is printed 
both in the original French and in English translation. Equally 
interesting is the continuation of Walter B. Douglas's biography 
of Manuel Lisa. Mrs. Daniel R. Russell is the editor of some remin- 
iscences of her father, Major William Clark Kennerly, which ap- 
pear under the heading: Early Days in St. Louis from the Memoirs 
of an Old Citizen. There is a continuation of Charles A. Krone's 
Recollections of an Old Actor, and the closing contribution is an 
Extract from the Journal of Captain Harry Gordon. 

The Maryland Historical Magazine for December opens with a 
transcript of Vestry Proceedings, St. Ann's Parish, Annapolis, Md. 
Francis B. Culver contributes some Letters from two Maryland 
Pioneers in Kentucky, 1789-1793. Under the heading of John 
Kilty on the Agent's Salary are some documents taken from the 
Executive Archives. Another interesting feature of the Magazine 
is a reprint of a portion of Daniel Dulany's Considerations on the 
Propriety of Imposing Taxes in the British Colonies, the remainder 
of which appears in the March number. Here also may be found 
some Letters of Rev. Jonathan Boucher, and Governor Bradford's 
Private List of Union Men in 1861, with an introduction by William 
Starr Myers. 

ACTIVITIES 

The Illinois State Historical Society will hold its annual meeting 
at Springfield on May 23 and 24, 1912. 



296 IOWA JOURNAL OF HISTORY AND POLITICS 



During the year 1911 the North Carolina Historical Commission 
added approximately ten thousand manuscripts to its collections. 

The Rev. Henry Van Dyke was elected President of the Presby- 
terian Historical Society at the annual meeting on January 11/ 
1912. 

The Historical Society of Marshall County held its annual meet- 
ing on Tuesday, March 19, 1912, and the officers who served during 
the past year were reelected. 

The valuable collection of Valle papers, as well as a collection of 
the papers of the late Dr. David Waldo covering the years from 
1832 to 1860, has come into the possession of the Missouri His- 
torical Society. 

The seventh annual meeting of the Pennsylvania Federation of 
Historical Societies was held at Harrisburg on January 4, 1912. 
Thirty-two societies are members of this Federation, and much 
good is derived from the annual meetings. 

The Board of Trustees of the Illinois State Historical Library 
have appointed Mr. Clarence D. Johns, formerly of the University 
of Chicago, as investigator of county and local archives, a position 
provided for by an act of the legislature. 

The ninth annual meeting of the Pacific Coast Branch of the 
American Historical Association was held at Stanford University 
on April 5 and 6, 1912. A majority of the papers read at this meet- 
ing related to subjects in English history. 

An appropriation of six hundred dollars from the treasury of 
the American Historical Association, supplemented by an equal 
amount from societies of history teachers and from individuals, 
has made possible the continued publication of the History Teach- 
er's Magazine , the suspension of which was threatened. 

The annual meeting of the Madison County Historical Society 
was held at Winterset on March 19th. The President, H. A. Muel- 
ler, delivered a brief address dealing with the purposes and plans 
of the Society; a letter written from Winterset in 1850 by Amos 
McPherson was read by W. F. Craig ; and Professor F. I. Herriott 



HISTORICAL SOCIETIES 



297 



of Drake University delivered an address on the early settlement 
of Iowa. The following officers were elected for the ensuing year: 
H. A. Mueller, President ; William Brinson, Vice President ; W. F. 
Craig, Secretary and Treasurer; J. J. Gaston, H. H. Hawk, J. W. 
Leinard, and Mrs. Laura Miller, Directors. 

The following officers were chosen by the Maryland Historical 
Society at the annual election on February 12, 1912 : Mendes Co- 
hen, President; W. Hall Harris, George A. Leakin, and Henry 
Stockbridge, Vice Presidents; Richard H. Spencer, Corresponding 
Secretary; George L. P. Radcliffe, Recording Secretary; and Wil- 
liam H. Lytle, Treasurer. 

An organization known as the Nebraska Memorial Association 
has been formed in Nebraska. The purpose of the Association is to 
provide for the marking of historic sites and highways within the 
State, and to gather information concerning immigration into and 
travel across Nebraska. The Association is organized as an aux- 
iliary to the Nebraska State Historical Society, which is to be the 
custodian of all records and collections. 

The legislature of Mississippi at its recent session failed to make 
an appropriation for the maintenance of the Department of Ar- 
chives and History of the State of Mississippi for the next two 
years. The Governor, however, has been authorized to borrow funds 
sufficient to maintain the Department for two years, and thus there 
will fortunately be no interruption in the work that is being car- 
ried on under the supervision of the Director, Dr. Dunbar Rowland. 

The difficulties which caused the suspension of The Washington 
Historical Quarterly with the October, 1908, number have been re- 
moved and the Quarterly has again made its appearance. A policy 
of hearty cooperation has been established between the University 
of Washington and the Washington University State Historical So- 
ciety, with the result that the historical interests of the State and of 
the Pacific Northwest will receive more adequate attention in the 
future. 

The fifth annual meeting of the Mississippi Valley Historical As- 
sociation will be held under the auspices of Indiana University at 



298 IOWA JOURNAL OF HISTORY AND POLITICS 



Bloomington, Indiana, on May 23, 24 and 25, 1912. The Teachers' 
Section of the Association will hold two joint sessions with the 
History Section of the Indiana State Teachers' Association. An 
interesting program has been arranged. Full particulars concern- 
ing the meeting may be secured from Professor James A. Wood- 
burn of Bloomington, Indiana. 

THE STATE HISTOKICAL SOCIETY OF IOWA 

The biography of George Wallace Jones, written by Dr. John C. 
Parish, has been distributed to members. 

Mr. Jacob Van der Zee's volume dealing with the immigration, 
settlement, and life of The Hollanders in Iowa, which will make a 
book of over four hundred pages, is now in the hands of the 
printers. 

A volume of three hundred and thirty pages containing a History 
of Senatorial Elections in Iowa, written by Dr. Dan Elbert Clark, 
is now in the hands of the binders and will probably be distributed 
to members during May. 

Dr. Frank E. Horack, Secretary of the Society, has been appoint- 
ed a member of the Committee on Methods of Teaching the Study of 
Government which was created by the American Political Science 
Association at its last annual meeting. 

Dr. John L. Gillin, Professor of Political Economy and Sociology 
in the State University of Iowa, and a member of The State His- 
torical Society of Iowa, has accepted a professorship in the Univer- 
sity of Wisconsin beginning with the school year of 1912-1913. 

For several years Mr. Johnson Brigham, State Librarian of 
Iowa, has been preparing a biography of Senator James Harlan 
for publication by the Society in the Ioiva Biographical Series. 
The work is now nearly completed and the volume will be put to 
press during the summer. 

The following persons have recently been elected to membership : 
Mr. Dan Eppelsheimer, Griswold, Iowa ; Mr. Nathaniel W. Beebe, 
Hampton, Iowa; President John G. Bowman, Iowa City, Iowa; 



HISTORICAL SOCIETIES 



299 



Mr. Edward B. Brande, Grinnell, Iowa; Mr. Ed. H. Campbell, 
Battle Creek, Iowa; Mr. John W. Campbell, Fort Dodge, Iowa; 
Mr. W. S. Crowther, Ripon, Wisconsin; Mr. J. W. Doxsee, Monti- 
cello, Iowa ; Mr. Theodore W. Hawkinson, "Walker, Iowa ; Mr. 0. T. 
Hokaasen, Ames, Iowa; Mr. W. I. Atkinson, Clarksville, Iowa; Mr. 
R. H. Belknap, West Union, Iowa ; Mr. 0. H. Bickel, Vinton, Iowa ; 
Mr. C. H. E. Boardman, Marshalltown, Iowa; Mr. Austin Burt, 
Waterloo, Iowa; Mr. Philo D. Clark, Red Oak, Iowa; Dr. E. D. 
Cook, Harlan, Iowa ; Mr. Hugh L. Cooper, Keokuk, Iowa ; Mr. S. H. 
Dodson, Indianola, Iowa; Mr. James W. Ellis, Maquoketa, Iowa; 
Mr. C. A. Ficke, Davenport, Iowa; Mr. Gerrit Fort, Omaha, Ne- 
braska; Mr. H. T. Fuller, Mason City, Iowa; Mr. J. W. Garner, 
Columbus City, Iowa; Mr. J. G. Hempel, Elkader, Iowa; Mr. C. B. 
Hughes, West Union, Iowa; Miss Ada F. Hutchinson, Iowa City, 
Iowa ; Mr. Joseph M. Junkin, Red Oak, Iowa ; Mr. J. B. Kent, Rolfe, 
Iowa; Mr. D. C. Knupp, Vinton, Iowa; Mr. Paul J. Kruse, Maple- 
ton, Iowa; Mr. J. Geo. Laird, Cedar Rapids, Iowa; Miss Harriet 
Lake, Independence, Iowa; Mr. G. E. McFarland, Omaha, Ne- 
braska ; Mr. J. F. McNeill, Oskaloosa, Iowa ; Mr. John A. Marquis, 
Cedar Rapids, Iowa; Mr. G. E. Marsh, Osage, Iowa; Mr. John H. 
Morrell, Ottumwa, Iowa; Mrs. William Musser, Iowa City, Iowa; 
Mr. Olaf Olson, Rock Rapids, Iowa; Mr. Addison M. Parker, Des 
Moines, Iowa; Mr. A. M. Place, Waterloo, Iowa; Mr. H. H. Polk, 
Des Moines, Iowa; Mr. Joseph F. Porter, Davenport, Iowa; Mr. 
W. P. Powell, Cedar Rapids, Iowa ; Mr. John S. Runnells, Chicago,, 
Illinois; Mr. S. J. Sayers, Jefferson, Iowa; Mr. H. W. Seaman,, 
Clinton, Iowa ; Mr. W. F. Severa, Cedar Rapids, Iowa ; Mrs. Clara 
Stuart Soesbe, Greene, Iowa; Mr. Geo. W. Speer, Indianola, Iowa; 
Mr. A. P. Spencer, Oskaloosa, Iowa; Mr. J. W. Sullivan, Algona,, 
Iowa; Mr. G. M. Titus, Muscatine, Iowa; Mr. Frank D. Tomson,, 
Cedar Rapids, Iowa; Mr. Robt. B. Wallace, Council Bluffs, Iowa; 
Mr. H. C. White, Garrison, Iowa; Mr. Alfred Williams, Perry, 
Iowa; Mr. Oscar Ainley, Perry, Iowa; Mr. John H. Blair, Des 
Moines, Iowa; Mr. Chas. A. Briggs, Spirit Lake, Iowa; Mr. Chas. 
C. Clark, Burlington, Iowa; Miss Clarissa Clark, Ames, Iowa; 
Miss Isabelle W. Coan, Clinton, Iowa; Mr. James C. Davis, Des- 



300 IOWA JOURNAL OF HISTORY AND POLITICS 



Moines, Iowa; Mr. Walter M. Davis, Iowa City, Iowa; Miss Olive 
S. Dickerson, Lake Park, Iowa; Miss Caroline L. Dodge, Council 
Bluffs, Iowa ; Mr. Charles M. Dutcher, Iowa City, Iowa ; Mr. C. F. 
Ensign, Marion, Iowa ; Miss Lilian G. Goodwin, Cedar Falls, Iowa ; 
Mr. C. J. Haas, Marion, Iowa; Mr. William H. Harwood, Des 
Moines, Iowa; Mr. F. Hollingsworth, Boone, Iowa; Mr. C. S. Hop- 
kins, Lake City, Iowa; Mr. Francis M. Hunter, Ottumwa, Iowa; 
Mr. Henry F. Johnson, Pella, Iowa; Mr. F. Junkermann, Cedar 
Rapids, Iowa; Mr. B. F. Kauffman, Des Moines, Iowa; Mr. G. A. 
Kenderdine, Iowa City, Iowa; Mr. E. T. Koch, Cedar Rapids, 
Iowa; Miss Lois O'Brien, North English, Iowa; Miss Alice E. 
Page, Cedar Rapids, Iowa; Mr. Lome F. Parker, Cherokee, Iowa; 
Mr. M. F. Price, Iowa City, Iowa; Mr. W. L. Read, Des Moines, 
Iowa; Mr. A. G. Rigby, Independence, Iowa; Mr. John F. Sehee, 
Indianola, Iowa ; Mr. H. P. Scholte, Pella, Iowa ; Mr. W. T. Shep- 
herd, Harlan, Iowa; Mr. A. J. Small, Des Moines, Iowa; Mr. J. C. 
Smiley, Denver, Colorado; Mr. Chas. B. Soutter, Cedar Rapids, 
Iowa; Mrs. Edgar H. Stone, Sioux City, Iowa; Mr. H. Toering, 
Orange City, Iowa; Mr. F. L. Vandegrift, Kansas City, Missouri; 
and Mr. Thos. H. Whitney, Atlantic, Iowa. The following persons 
were elected to life membership : Mr. S. W. Mercer, Iowa City, 
Iowa; and Mr. B. F. Shambaugh, Iowa City, Iowa. 

MEETINGS ON TUESDAY, MARCH 26, 1912 

On Tuesday, March 26, 1912, Professor Albert Bushnell Hart of 
Harvard University, who had been spending a month at Grinnell 
College, was the guest of The State Historical Society of Iowa. At 
ten o'clock in the forenoon Professor Hart delivered an address on 
The Soul of Government at an Assembly of the faculty and stu- 
dents of the State University of Iowa. 

In the afternoon at three o'clock a Conference-Seminar on Re- 
search in Iowa History was held in the rooms of the Society. Re- 
search associates and assistants in the Society and professors of 
history, economics, sociology and political science in the leading 
colleges of Iowa participated in this Conference-Seminar. Profes- 
sor Hart led the discussion on The Teaching of History by the 



HISTORICAL SOCIETIES 



301 



Source Method. Mr. Irving B. Richman of Muscatine spoke on 
The Use of Sources as Illustrated by Researches in the Early His- 
tory of California. The discussion of the subject of The Writing 
of Folk Literature was opened by Dr. John C. Parish, now of Den- 
ver, Colorado. The Application of History to the Solution of 
Current Problems was the final subject of discussion and the leader 
was Professor John E. Brindley of the Agricultural College at 
Ames and Secretary of the Iowa Tax Commission. 

In the evening at fifteen minutes past eight a reception was 
tendered by President and Mrs. Euclid Sanders to Professor Hart. 
At this time Professor Hart delivered an address on Fraternity 
Among Historians, and President Laenas G. Weld of Pullman In- 
stitute spoke entertainingly of his connection with The State His- 
torical Society of Iowa of which he has for many years been a 
Curator. 

In addition to Professor Hart those in attendance at the Con- 
ference-Seminar, together with the institutions represented, were: 
President Euclid Sanders, State Historical Society of Iowa, Iowa 
City; President E. W. Stanton, Iowa State College, Ames; Presi- 
dent L. G. Weld, Pullman Institute, Pullman, Illinois; Mr. C. R. 
Aurner, State Historical Society of Iowa, Iowa City; Mr. John E. 
Brindley, Iowa State College, Ames ; Mr. C. M. Case, Penn College, 
Oskaloosa; Mr. 0. H. Cessna, Iowa State College, Ames; Mr. Dan 
E. Clark, State Historical Society of Iowa, Iowa City; Mr. 0. B. 
Clark, Drake University, Des Moines; Miss Clara M. Daley, State 
University of Iowa, Iowa City ; Mr. S. H. Dodson, Simpson College, 
Indianola; Mr. J. L. Gillin, State University of Iowa, Iowa City; 
Mr. F. E. Haynes, Morningside College, Sioux City; Mr. B. H. 
Hibbard, Iowa State College, Ames; Mr. F. E. Horack, State Uni- 
versity of Iowa, Iowa City ; Mr. Louis T. Jones, Penn College, Oska- 
loosa ; Miss Anna M. Klingenhagen, State University of Iowa, Iowa 
City; Mr. Isaac A. Loos, State University of Iowa, Iowa City; Mr. 
Jesse Macy, Grinnell College, Grinnell; Mr. Reuben McKitrick, 
State Teachers College, Cedar Falls; Mr. Chas. Meyerholz, State 
Teachers College, Cedar Falls; Miss Alice E. Page, Coe College, 
Cedar Rapids; Mr. C. E. Payne, Grinnell College, Grinnell; Mr. 



302 IOWA JOURNAL OF HISTORY AND POLITICS 



John C. Parish, State Historical Society of Iowa, residence at Mont- 
clair, Col. ; Mr. Paul F. Peck, Grinnell College, Grinnell ; Mr. Paul 
S. Peirce, State University of Iowa, Iowa City; Mr. Louis Pelzer, 
State University of Iowa, Iowa City; Mr. H. J. Peterson, State 
Teachers College, Cedar Falls ; Mr. H. G. Plum, State University of 
Iowa, Iowa City ; Mr. E. K. Putnam, Davenport Academy of Science, 
Davenport ; Miss Sara F. Rice, State Teachers College, Cedar Falls ; 
Mr. Irving B. Richman, State Historical Society of Iowa, residence 
at Muscatine; Miss Sara M. Riggs, State Teachers College, Cedar 
Falls; Mr. L. B. Schmidt, Iowa State College, Ames; Mr. Benj. F. 
Shambaugh, State University of Iowa, Iowa City ; Mr. C. R. Shatto, 
Leander Clark College, Toledo ; Mr. J. Yan der Zee, State Historical 
Society of Iowa, Iowa City ; Mr. C. W. Wassam, State University of 
Iowa, Iowa City ; Mr. W. C. Wilcox, State University of Iowa, Iowa 
City; Mr. G. P. Wyckoff, Grinnell College, Grinnell. 



NOTES AND COMMENT 



Professor Paul S. Reinsch of the University of Wisconsin is lec- 
turing during the current year as Roosevelt Professor at the Uni- 
versity of Berlin. 

The Iowa Daughters of the American Revolution are planning 
to mark the pioneer trail running from Dubuque through Center- 
ville to Council Bluffs. 

Miss Emma Helen Blair, who is well known for her editorial and 
research work in connection with various important series of pub- 
lications, died at Madison, Wisconsin, on September 25, 1911. 

In pursuance of recent changes in the rules governing the use of 
the archives of the Department of War at Washington, D. C, prop- 
erly accredited investigators will now be accorded ready access to 
these archives. 

Professor Frederick E. Bolton, who for many years has been at 
the head of the School of Education in the State University of 
Iowa, has accepted a similar position in the State University of 
Washington at Seattle. 

Miss Elizabeth H. West, who for a number of years has been 
connected with the Library of Congress, has been elected to the 
position of Archivist in Texas. This position was created by the 
legislature at its last session. 

The eighteenth International Congress of Americanists will be 
held in London from May 27 to June 1, 1912, for the discussion of 
subjects connected with the aboriginal races and the discovery and 
exploration of North and South America. 

The Iowa Masonic Grand Lodge will mark by a bronze tablet 
the site in the city of Burlington of the first Masonic hall within 
the limits of the present State of Iowa. Des Moines Lodge number 
one which met in this hall dates from November 21, 1840. 



303 



304 IOWA JOURNAL OF HISTORY AND POLITICS 

The surviving, members of Crocker's Iowa Brigade, which im- 
mortalized itself at the battle of Shiloh, celebrated the fiftieth an- 
niversary of that memorable event on the scene of the conflict on 
April 7, 1912. The principal address was delivered by Major John 
F. Lacey. 

The Iowa Association of Southern California held its annual 
picnic in Eastlake Park at, Los Angeles, on February 22nd, and 
more than fifty thousand former Iowans were in attendance. E. S. 
Ormsby was elected President of the Association; J. A. Rominger, 
Vice President; C. H. Parsons, Secretary; and Frank H. Nichols, 
Treasurer. 

Ezra Meeker of Oregon Trail fame, now eighty-one years of age, 
spent several days in Nebraska and western Iowa during March in 
the effort to arouse interest in the movement to mark the great trail. 
Mr. Meeker is devoting his declining years to the attainment of this 
object, and he has created much attention by his ox team and cov- 
ered immigrant wagon. 

An Oregon Trail Memorial Association has been formed in Ne- 
braska for the purpose of raising means to mark the famous Oregon 
Trail across the State. The legislature appropriated two thousand 
dollars for the purpose and it is hoped to raise further funds 
through the cooperation of the various historical and patriotic so- 
cieties in the State. Considerable progress has been made and a 
number of markers have been erected. 

A Commission on Western History has been established at Har- 
vard University for the purpose of gathering materials relative to 
western American history and of giving recognition to the part 
played by the West in the building of the Nation. While the stu- 
dents of American history in Harvard University will receive the 
immediate benefit of the work of this commission the movement is 
national in its scope and should be of especial interest in the West. 
The members of the commission are : Andrew McFarland Davis of 
Cambridge, Horace Davis of San Francisco, Grenville M. Dodge of 
Council Bluffs, Charles G. Dawes of Chicago, Charles Moore of j 
Detroit, Howard Elliott of St. Paul, F. A. Delano of Chicago, Fred- 



NOTES AND COMMENT 



305 



erick J. Turner of Harvard University, A. C. Coolidge of the Har- 
vard University Library, and E. H. Wells of Cambridge. 

DANIEL H. TALBOT 

Daniel H. Talbot passed away at the Samaritan hospital in Sioux 
City on December 26, 1911. Mr. Talbot was born near Iowa City 
in 1850 and in 1869 he removed to Sioux City, where for a time he 
was engaged in the business of brick making. Later he went into 
the real estate business and by 1876 he had become so successful 
that he employed nearly twenty-five clerks in his office. Later he 
purchased about five thousand acres of farm land in Plymouth 
County for the purpose of carrying on experiments in scientific 
farming along the lines of certain theories which he had worked out 
for himself. In this venture, however, he was disappointed, and in 
fact the greater part of his large fortune melted away in subsequent 
years through the failure of various experimental enterprises and 
the depreciation of land values which followed the boom period in 
Sioux City and vicinity. 

Mr. Talbot, however, made important contributions to scientific 
knowledge. He made a large collection of ornithological and other 
zoological specimens, a portion of which he later sent to a museum 
in St. Louis. He also gathered a large library of books on scientific 
subjects which he donated to the State University of Iowa. 

JAMES B. WEAVER 

After a short illness James B. Weaver passed away at the home 
of his daughter in Des Moines on February 6, 1912, at the age of 
seventy-nine. Mr. Weaver was born in Dayton, Ohio, on June 12, 
1833. Twenty-one years later he graduated from the Law School 
of the University of Cincinnati. Shortly afterward he came to 
Iowa, where his father had been living since 1843, and engaged in 
the practice of law at Bloomfield. 

During the early months of the Civil War he enlisted in the 
Union army, and served with distinction in many of the important 
battles of the war, including the siege of Fort Donelson and the 
battle of Shiloh. He was several times promoted for gallant con- 
duct and in 1864 he was brevetted Brigadier General. 



* 



306 IOWA JOURNAL OF HISTORY AND POLITICS 

After the close of the war Mr. Weaver returned to Iowa and im- 
mediately became prominent in the field of politics. In 1865 he re- 
ceived much support for the Republican nomination for Lieutenant 
Governor. In the following year he entered upon a four years term 
of service as District Attorney in the Second Judicial District. In 
1875 he was a prominent candidate for the nomination for Governor 
at the Republican State Convention. It was but a little later that 
the Greenback party made its appearance, and in the ranks of this 
party Mr. Weaver was a leading national figure, being the candi- 
date of the party for the presidency in 1880. He served three terms 
in Congress (from 1879 to 1881 and from 1885 to 1889) as Repre^ 
sentative from the Sixth District of Iowa. In 1892 he was again a 
candidate for President of the United States on the Populist ticket. 

Mr. Weaver's public career was long and varied, and while he 
made many political enemies during his life-time he had a host of 
personal friends among whom he will long be remembered. 



CONTRIBUTOR 

Paul Walton Black, Fellow in Sociology at The State 
University of Iowa. Born near Plymouth, Illinois, March 29, 
1887. Attended Christian University Academy at Canton, Mis- 
souri, 1904-1906. Graduated from Drake University, 1910. 
Received the degree of M. A. at The State University of Iowa, 
1911. Scholar in Sociology, 1910-1911, and Fellow in Sociol- 
ogy, 1911-1912, at The State University of Iowa. Eecently 
elected Fellow in Sociology in The University of Wisconsin for 
1912-1913. Member of the American Economic Association, 
American Sociological Society, and The State Historical So- 
ciety of Iowa. 



307 



THE STATE HISTORICAL SOCIETY OF IOWA 

Established by Law in the Year 1857 
> v Incorporated: 1867 and 1892 
Located at Iowa City Iowa 



K LOWE 
tIKKWOQD 

:. LEE ( 

»ENN CLARKE 



FORMER PRESIDENTS 
JAMES W. GRIMES, First President , ' ; </•' 

ROBERT HUTCHINSON GEORGE G. WRIGHT 
M. J. MOR8MAN JOSIAH L. P1CKARD 

WILLIAM G. HAMMOND PETER A. DEY 



OFFICERS 

BENJAMIN F. SHAMBAUGH. . . . ....... . . . .Superintendent 

SANDERS . . . .. . . . . .. . . . . .President 

A. KORAB ...... .Treasurer 

E. HORACK 4 Secretary 



BOARD OF CURATORS 



Elected by the Society = 

Ball Arthur J. Cox 

Rich Marvin H. Dey 

Sanders Henry G. Walker 
us G. Weld Henry Albert 
S. A. Swisher ■ ■ 



Appointed by the Governor 

Marsh W. Bailey Byron W. Newberry 
M. P. Edwards A. C. Savage 

J. J. McConnell E. W. Stanton 
John T. Mofpitt W. H. Tedford 
J. B. Weaver, Jr. 



Ife;, v " 1 ( MEMBERSHIP I ' ,\ ■ 

person may become a member of The State Historical Sochsty op Iowa upon 
yj the Board of Curators and the payment of an entrance fee of $3.00. 
fembership in this Society may be retained after the first year upon the payment of 

annually. h :-^'V^^ : - "4 ..■ ? ' : k^'4ifc!~4 

leinbers of the Society shall be entitled to receive the quarterly and all other publications 
> Society during the continuance of their membership. ' . .$$8™ 

ivy public, school, or college library in the State of Iowa may be enrolled as a library 
" upon application and the payment of a fee of $1.00. Such library membership may be 
' •'tor the first year upon the payment of $1.00 annually. Libraries enrolled as library 
• of The State Historical Society op Iowa shall be entitled to receive the quarterly 
"her publications of the Society issued during the period of their membership. > 
*l ; Address all Communications to V, 



THE 




Iowa Journal 

of 

istoryeovdPolitics 



m 



JULY 1912 



limb 

m 




| Published Quarteriyby C 

•TATE HISTORICAL SOCIETY OF IOWA 



EDITOR 5 
[AMIN F. SHAMBAUGH 
ant Editor, DAN E. CLARK 



ol X 



JULY 1912 



CONTENTS 



History of the Codes of Iowa Law. Ill — The Revision of 

1860 . . . . , ; . . . Clifford Powell 

Diary of a Journey from the Netherlands to Pell a Iowa in 1849 
•"•>H • s ' . Jacob Van Der Zee 

The Assault upon Josiah B. Grinnell by Lovell H. Rousseau 
' . r' \ 5 Paul R. Abrams 

A War Time Militia Company - Thomas Julian Bryant 40$ 

Emigration from Iowa to Oregon in 1843 . , - '} 4 1 "> 

Some Publications . A : . 1 . . . . . 481 

Americana — General and Miscellaneous 
K Western . 'v^0- v 4v^ 

Iowana . . . . * \ . 
Historical Societies . . ^ . 

Notes and Comment - f^M^ > '* '"' ' ^iT*' 45s 
Contributors . . " . <v . ,.'» , ,. . 400' 



Copyright 101S by The State Historical Society of Iowa 



THE IOWA JOURNAL OP HISTORY AND POLITIC! 

Published Q tJ a b t b e 

at IOWA CITY \vf£;HK 
SUBBOBIPTION Pu ICE: $2.00 SINGLE NUMBER : 5&' 3M 



THE IOWA JOUENAL OF HISTORY AND POLITICS 

JULY NINETEEN HUNDRED TWELVE 
VOLUME TEN NUMBER THREE 



VOL. X — 20 



HISTORY OF THE CODES OF IOWA LAW 

III 

THE REVISION OF 1860 

INTKODUCTIOET 

The Revision of 1860 cannot be called a new code, for it 
followed the Code of 1851 in arrangement and also to a 
great extent in subject matter. Its purpose was to gather 
in one collection all of the statute laws enacted during the 
period between 1851 and 1860 and to give to the State a new 
civil and criminal practice act. The Commissioners to 
whom the work was intrusted did not attempt a codification ; 
they "intended a mere revision, such as would be met by a 
compilation and arrangement in proper order of the exist- 
ing laws, without change". 1 The Commissioners clearly 
stated their position when they declared: "This revision 
which we offer you, does not need to be enacted, as it is the 
law as it exists already. We add nothing to the law — 
subtract nothing therefrom — make no change of word or 
phrase — merely of the arrangement of the existing law." 2 
Consequently the Revision of 1860 was for the most part 
simply a copy of the Code of 1851, with the addition of sub- 
sequent acts of the legislature. Such a method has never 
since been followed in making a codification of the laws of 
this State. 

Two parts of the Revision of I860, however, were codified 
to a certain degree and not merely revised. By the act 
providing for the revision the Commissioners were "di- 
rected to prepare a code of civil and criminal procedure ' \ 3 

1 Revision of 1860, Preface, p. iv. 

2 Revision of 1860, Preface, p. v. 

s Laws of Iowa, 1858, Chap. 40, pp. 47, 48. 

311 



312 IOWA JOURNAL OF HISTORY AND POLITICS 



Codes of civil and criminal procedure were accordingly 
drafted, the acts in the Code of 1851 being made the foun- 
dation and the additions thereto being prepared by the 
Commissioners. 

SEASONS FOE THE KEVISION OF 1860 

The causes which brought about the revision were numer- 
ous. In his last message to the legislature Governor Grimes 
had declared that the edition of the Code of 1851 was ex- 
hausted, as was also the supply of some of the session 
laws. 4 Then, too, the period from 1850 to 1860 was one of 
great expansion for the new State, both in population and in 
commercial enterprise. 5 For this reason much new and va- 
ried legislation was scattered throughout the several vol- 
umes of session laws. In addition, the Code of 1851 had 
caused a great change in the manner of pleading, which 
seemed not to be fully understood by the legal profession, 
and as a consequence widely different methods were used in 
different parts of the State. In speaking of the introduction 
of simple code pleading, the Commissioners deplored the 
fact that the courts had been inclined to hold that the Code 
of 1851 did not apply to chancery practice as well as to law. 6 
They declared that there was no case deciding that the Code 
applied equally to equity and legal procedure, although it 
had been so intended by Judge Mason, its framer. The 
opponents of this view were successful, they stated, in in- 
sisting 4 ' that it only in some very undefined measure, so 
applies, and in many decisions a want of such applicability, 
in the same undefined way, seems assumed.' ' 7 

4 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 61. 

5 Horack's The Government of Iowa, pp. 10, 11. 

« Report of the Code Commissioners on the Civil Practice Act, p. 191. 

The exact title of this report is Eeport of the Code Commissioners, but the 
above title is used to distinguish it from a similar report on the criminal prac- 
tice act. 

7 Eeport of the Code Commissioners on the Civil Practice Act, pp. 191, 192. 



HISTORY OF THE CODES OF IOWA LAW 313 



Besides the confusion existing as to the applicability of 
the Code of 1851 alike to law and equity, the Commissioners 
declared in their report that there was confusion in regard 
to procedure even in law cases. They state : 

Even at law, it [the Code of 1851] has not secured that prompt 
justice, which it was meant to do ; too many technical constructions 
have been applied to it, and it has been interpreted too much in the 
light of the very forms and precedents which . it was designed to 
abate and ignore. We know that human language cannot be put 
into a code which will not need construction; the only hope of the 
reformer is to avoid this, as much as may be possible, and that such 
construction may be made by a mind imbued with the genius of the 
act, so that each extension of it to a new case may be in harmony 
with its main purpose. 8 

Since there appeared to be so much confusion arising 
from a misunderstanding of the intent of the Code of 1851 
the Commissioners declared, that " these things being thus, 
the Code being in many applications doubtful, and in some 
having clearly failed to secure its purpose, the General 
Assembly imposed upon us, the duty, among other things, 
of making a code of civil practice." 9 

Still another reason necessitating a revision was the fact 
that some of the laws in the Code of 1851 had proved to be 
unsatisfactory. This was especially true of the lax divorce 
law, which was amended even before a revision was pro- 
vided for. The Code of 1851 had provided that the Judges 
of the Supreme and District Courts should call the atten- 
tion of the legislature to any defective portions of such 
Code. 10 One Judge, Thomas S. Wilson, had reported in 
1854 and in his report had enumerated several defects and 

s Eeport of the Code Commissioners on the Civil Practice Act, p. 193. 

9 Eeport of the Code Commissioners on the Civil Practice Act, p. 195. 

10 Code of 1851, Section 1588. ''Each of the judges of the supreme and 
district courts shall report to the legislature at each regular session thereof all 
omissions, discrepancies, or other evident imperfections of the law, which have 
fallen under his observation. ' ' 



314 IOWA JOURNAL OF HISTORY AND POLITICS 



conflicts in the Code of 1851. 11 Most of the desired amend- 
ments, of course, were to be found in the session laws, but 
it was highly important that they be brought together in 
one act. 12 

The paramount reason for a revision, however, was the 
fact that on September 3, 1857, the new State Constitution, 
adopted the month previous, went into effect. 13 In his 
second biennial message Governor Grimes had stated that 
all of the general laws of the State required some modifica- 
tions to adapt them to provisions of the new Constitution. 14 
And Governor Lowe in his inaugural address had also 
urged the framing of a new procedural act. In part he 
declared that "six years practice under the Code has 
brought to light many defects, .... which ought now to 
be reformed." 15 In fact, the act providing for the revision j 
stated that the Commissioners were "appointed by the 

11 The report of Judge Thomas S. Wilson is a very rare document of nine 
printed pages and is confined, as he says to "the most glaring" of the im- 
perfections. 

1 2 The school laws, especially, needed a thorough revision. They had become 
so unsatisfactory that in 1856, by an act approved on July 14, 1856, the 
Governor was authorized to appoint three commissioners, "whose duty it shall 
be to revise and improve the school laws of Iowa, and report their proceedings 
to the next General Assembly". Governor Grimes appointed Horace Mann, 
Amos Dean, and F. E. Bissell. These gentlemen prepared an important report, 
but it failed of passage in the legislature. For references on the work of this 
commission see Laws of Iowa, 1856, Extra Session, p. 78; Appendix to the 
Journal of the House of Eepresentatives, 1856-1857, pp. 191-200 ; Report of the 
Superintendent of Public Instruction, pp. 13-20, found in Legislative Docu- 
ments, 1857; and Parker's Higher Education in Iowa, pp. 27, 28. 

13 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 109; also Revision of 1860, p. 988. 

The provisions in regard to the taking effect of the Constitution are found 
in Article XII, Section 13. 

1 4 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 41. 

ib Shambaugh ; s Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 124. 



HISTORY OF THE CODES OF IOWA LAW 315 



Legislature to conform the Laws of the State to the Consti- 
tution and perform other duties". 16 

Governor Lowe was anxious that a commission be ap- 
pointed in order to prepare a practice act. In an address 
to the legislature on the 13th of January, 1858, he declared : 

But in view of the great amount of other business which will 
occupy your attention during the session, I beg to recommend the 
appointment of two of three competent legal gentlemen to act at 
once in conjunction with special committees constituted for that 
purpose, in revising, amending and getting up a more efficient and 
perfect practice act, to the end that the same may go out with the 
publication of the other laws in the spring — and the people of 
this State be blessed with a system of civil and criminal procedure, 
under which the great principles of justice and right can be admin- 
istered — all wrong suppressed — goodness and virtue protected — 
and evil doers punished. 17 

In the same address Governor Lowe also suggested that 
the publication of a new edition of the Code might be left to 
private enterprise, as he had been informed that certain 
persons had undertaken such a work. 18 

is Revision of 1860, Preface, p. iii. 

In the inaugural address of Governor Lowe some of the changes required in 
the laws by the adoption of the Constitution are indicated in the following 
paragraphs : 

"The new Constitution contemplates important legislation upon our judiciary 
and militia system, upon the school lands and funds, and a radical change in 
our educational department, as well as other subjects, upon all [of] which it will 
afford me pleasure to communicate freely with you during your deliberations, 

"The questions of currency and agriculture are new subjects of legislation 
in this State, authorized and enjoined by the Constitution, and possess no 
ordinary significance." — Shambaugh's Messages and Proclamations of the 
Governors of Iowa, Vol. II, p. 125. 

17 Shambaugh 7 s Messages and Proclamations of the Governors of Iowa, VoL 
II, p. 124. 

18 The Governor evidently referred to C. Ben Darwin, for in the Senate 
Journal, 1858, p. 93, may be found the statement that "Mr. Eankin had leave 
to introduce Senate File No. 21, A bill for an Act to provide for the purchase 
of the revised Statutes of Iowa, in course of preparation by C. Ben. Darwin,'' 
which after being read was referred to the Committee on the Judiciary. 
Nothing seems to have been reported from the committee on this bill, however. 



316 IOWA JOURNAL OF HISTORY AND POLITICS 



There seems to have been very little newspaper comment 
in regard to the proposals for a revision. All classes ap- 
parently took it for granted that the necessity was urgent, 
and other issues of the period being of overshadowing im- ! 
portance, 19 the discussion concerning the revision and the j 
method of procuring the same was not very general, but 
seems to have been limited to persons holding official posi- ! 
tions. Among the latter, especially among members of the 
legislature, there was a large number of methods proposed. 
Nevertheless the simplest plan was finally adopted and a 
commission of three men was appointed. 

THE CKEATION OF THE CODE COMMISSION 

The Seventh General Assembly convened at Des Moines 
on the 11th of January, 1858, 20 and was the first regular 
session of the legislature under the new Constitution. On 
Wednesday, the 20th of January, Senator John W. Rankin 
introduced in the Senate a bill providing for the appoint- j 
ment of commissioners "to revise and codify the laws of 
the State of Iowa." 21 Five days later the bill was reported 
back from the Committee on the Judiciary. 22 A majority 
of the Committee had proposed a substitute for the Rankin 
bill and recommended its passage. The minority of the 
Committee, consisting of Daniel Anderson and William 
Loughridge, however, reported that in their opinion "it 
would be proper and expedient to employ three Attorneys 
to arrange and perfect the system of practice, civil and j 
criminal''. 23 The minority declared that the plan adopted 
by the majority would be inexpedient because no change of j 
a material nature was needed; because it would mean an I 

i» Slavery and its attendant issues were the all important subjects of public I 
discussion at this period. 

20 House Journal, 1858, p. 3. 

21 Senate Journal, 1858, p. 87. 

22 Senate Journal, 1858, pp. 109, 110. 
28 Senate Journal, 1858, p. 110. 



HISTORY OF THE CODES OF IOWA LAW 317 



increased expense; and lastly because the plan of the ma- 
jority would involve an extra session a year hence, and the 
laws would be needed before that time. After some dis- 
cussion the bill, substitute, and report were all laid on the 
table. 24 

Two days later this bill was discussed again in the Sen- 
ate, where it was again tabled. 25 Shortly after it had been 
laid on the table for the second time the following concur- 
rent resolution was received from the House : 

Resolved, (the Senate concurring,) that Wm. Smith of Linn 
county, W. T. Barker, of Dubuque county and C. Ben. Darwin, of 
Des Moines county, be and they are hereby appointed Commissioners 
to aid and assist the Judiciary Committees of both Houses in draft- 
ing a Code of civil and criminal procedure, and adapt the laws now 
in force to the provisions of the Constitution. 26 

This resolution did not interfere with the Senate's con- 
sideration of its own bill and for the third time it was again 
discussed, along with the substitute and minority report. 27 
After spending a considerable part of the day on Thursday, 
January 28th, in considering the bill in the Committee of 
the Whole, the substitute was recommended for adoption, 
along with certain amendments thereto. 28 On the following 
day this report of the Committee of the Whole was taken up 
and indefinitely postponed. 29 

The Eankin bill now being out of the way, the Senate 
turned its attention to the concurrent resolution noted 
above. After several attempts had been made to amend it 
or have a substitute adopted, the following amendment was 
added, and the resolution passed : 

24 Senate Journal, 1858, p. 111. 

25 Senate Journal, 1858, pp. 124, 125. 

26 Senate Journal, 1858, p. 125. 

27 Senate Journal, 1858, p. 131. 

28 Senate Journal, 1858, p. 132. 

29 Senate Journal, 1858, p. 133. 



318 IOWA JOURNAL OF HISTORY AND POLITICS 

And that the same shall have been enacted as laws by the General 
Assembly, that said commissioners shall arrange and index all of 
the General Laws into one volume, to be published by order of the 
General Assembly ; said volume to contain all general laws in force 
in the State. 30 

After making a slight amendment, in which the Senate 
concurred, the resolution passed the House. 31 The Com- 
missioners were also allowed, by a Senate resolution, the 
same amount of stationery as was allowed members of the 
Senate. 32 

The Commissioners thus appointed immediately set to 
work upon the duties assigned to them, but after becoming 
better acquainted with the difficulty of their task they re- 
ported to the legislature that it would be impossible to com- 
plete their work before the close of the session. 33 There- 
upon, Mr. Henry H. Trimble of Davis County introduced 
Senate File No. 98, which was a joint resolution permitting 
the Commissioners "to continue their work, and report at 
an adjourned session". 34 This resolution was referred to 
the Committee on Ways and Means, who reported it back 
with the recommendation that it be indefinitely postponed. 35 
This action evidently did not meet with the approval of the 
Senate, for on the motion of Mr. Daniel Anderson "the 
resolution was re-committed" to the Ways and Means Com- 
mittee with the following instructions : 

That the committee report upon the necessity of republishing 
laws out of print, the probable cost for such reprint, and the best 
probable means of revising the laws of the State, and the ex- 
pediency of an adjourned session; whether good economy, together 

ap Senate Journal, 1858, pp. 133-135. 

31 Senate Journal, 1858, p. 144. 

32 Senate Journal, 1858, p. 145. 

33 Senate Journal, 1858, p. 161. See also Revision of 1860, Preface, p. iii. 

34 Senate Journal, 1858, p. 225. 
:! "' Senate Journal, 1858, p. 247. 



HISTORY OF THE CODES OF IOWA LAW 319 



with the demands of the people, for a more concise system of laws 
of a general character, together with a reformed system of practice 
in courts of justice, can be fully provided for without such ad- 
journed session. 36 

On the 20th of February, 1858, the committee again re- 
ported, and laid before the Senate the correspondence be- 
tween it and the Eevising Commissioners and in addition a 
resolution which urged the Commissioners to complete their 
labors by the 10th of April, 1858, at the same time calling 
upon the legislature to remain in session until after that 
date. 37 This report and resolution was vigorously at- 
tacked and after being amended the original resolution 
passed the Senate with the following title : 

JOINT RESOLUTION, 

Authorizing the Commissioners to conform the laws of the State to 
the Constitution, and report to the present session of the Legisla- 
ture the same. Also, to prepare a Code of civil and criminal pro- 
cedure, and revise the laws and report the same at such time as the 
Legislature may designate. 38 

The above resolution passed the House on February 23, 
1858, 39 but four days later it was vetoed in the following 
message from the Governor : 

Gentlemen of the Senate and House of Representatives. 

I return, with my objections, to the Senate whence they orig- 
inated, the Joint Resolutions authorizing the Commissioners to 
conform the laws of the State to the Constitution, and report to the 
present session of the Legislature the same : Also to prepare a code 
of civil and criminal procedure and revise the laws, and report the 
i same at such time as the Legislature may designate. 

This is no uncommon form of legislation, but it should be remem- 
bered that Joint Resolutions directing something to be done by third 
persons, either during or after the termination of the legislative 

36 Senate Journal, 1858, p. 248. 

37 Senate Journal, 1858, pp. 261-265. 

38 Senate Journal, 1858, p. 268. 

39 Bouse Journal, 1858, pp. 355, 356. 



320 IOWA JOURNAL OF HISTORY AND POLITICS 



session, take the form as well as the force of law, and are subject to 
the same regulations and solemnities in their enactments as other 
bills. The Constitution of this State requires the style of all laws 
to be, "Be it enacted by the General Assembly of the State of 
Iowa." The resolutions in question are wanting in these enacting 
words of the Constitution. 

It has frequently been held that without them the law is not and 
cannot be valid, nor will equivalent words satisfy the absolute re- 
quirement of the Constitution in this respect. 

Again, the third and fourth resolutions require the Codifying 
Commissioners to perform certain duties during your present ses- 
sion, without making provisions for their taking effect immediately 
by publication: they will therefore have no binding efficacy until 
published by due course of law, when they will become negatory by 
loss of time, and ought not to encumber the Statute book. 

The first and second resolutions, fixing the day of adjournment, 
and prohibiting under certain circumstances the introduction of 
new business after a given day, are intended only to prescribe a 
rule of action for the General Assembly itself — subject at any 
time to be changed or altered at the discretion of the two Houses. 
Yet they are inseparably coupled with other enactments having the 
force of law, and must necessarily be published and bound up with 
the laws of the State, long after they have expended their force and 
cease to have any operation. 

This is a system of legislation I think had better not be indulged 
in, and therefore with great respect I return the resolutions with 
these my objections. 

Ralph P. Lowe. 40 

The objections of the Governor were sustained in the 
Senate by the decisive vote of thirty to one. 41 Nevertheless, 
the Senate was determined to provide for the revision be- 
fore the close of the session and on March 3, 1858, Senator 
John W. Rankin introduced Senate File No. 154, which was 
"a bill for an act providing for a revision of the Laws of I 
Iowa, and the preparation of a Code of civil and criminal 

40 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, pp. 192, 193 ; also Senate Journal, 1858, p. 330. 
« Senate Journal, 1858, pp. 331, 332. 



HISTORY OF THE CODES OF IOWA LAW 321 



procedure ' \ 42 When this bill came up for consideration 
Mr. Samuel J. Kirkwood moved to have the words 4 'and 
codify" inserted after the word "revise", and this amend- 
ment was adopted in the Senate. 43 After several other 
amendments, all proposed by Mr. Kirkwood, had been 
adopted, the bill was put to a vote and carried by the over- 
whelming majority of twenty-seven to four. 44 

The above bill passed the House after slight amendment, 
by the vote of forty-five to eighteen, 45 and then returned to 
the Senate where, upon the motion of Mr. Kirkwood, the 
House amendments were unanimously agreed to. 46 This 
act, which received executive approval on March 11, 1858, 
reads as follows : 

Section 1. Be it enacted by the General Assembly of the State 
of Iowa, That the Commissioners appointed by the Legislature to 
conform the laws of the State to the Constitution and perform 
other duties, are hereby directed to prepare a code of civil and 

1 criminal procedure, and revise and codify the laws of the State 

j and have their report ready for publication by the first day of 

I September, 1858. 

Sec. 2. Immediately after filing their report by said Commis- 
sioners, the Secretary of State shall procure to be printed 500 
copies of said report, and one month previous to the next session 

i of the General Assembly whether the same be an extra or regular 
one, shall mail to each member thereof one copy of such printed 
report and shall retain the residue for the use of the General 
Assembly. 47 

Though it thus appears that the Senate took the leading 
action later in the session relative to the revision of the 
laws, several original measures were also introduced in the 

42 Senate Journal, 1858, p. 355. 

43 Senate Journal, 1858, p. 370. 

44 Senate Journal, 1858, p. 371. 

45 Bouse Journal, 1858, pp. 547, 548. 

46 Senate Journal, 1858, pp. 424, 425. 

47 Laws of Iowa, 1858, Ch. 40, pp. 47, 48. 



322 IOWA JOURNAL OF HISTORY AND POLITICS 



House earlier in the session, and one of these provided for 
the creation of the Revising Commission. During the first 
week of the session, on January 13, 1858, Mr. D. A. Ma- 
honey of Dubuque offered the following resolution : 

Resolved, That a Committee of seven be appointed by the Chair, 
whose duty it shall be to report to the House such alterations of 
and amendments to existing, laws as will make them conform to the 
new Constitution. 48 

This resolution was laid upon the table and nothing 
further seems to have been done with it. Nearly two weeks 
later, on January 25th, Mr. W. H. Seevers of Oskaloosa 
offered a resolution calling for the appointment of com- 
missioners "to aid and assist the Judiciary Committee in 
drafting a code of civil and criminal procedure." 49 For 
this resolution Mr. E. E. Cooley of Decorah offered a sub- 
stitute which provided that the commissioners "revise and 
amend the General Statutes of the State, and report the 
same, with a complete code of civil and criminal procedure 
on the day of 1858, to an extra or ad- 

journed Session of the General Assembly." 50 These reso- 
lutions were to have been acted upon the following day, but 
owing to the election of a United States Senator, they do 
not appear ever to have been again considered. 51 

The next move on the part of the House was the intro- 
duction of two resolutions by Mr. Lincoln Clark of Dubuque 
on the morning of January 27th. The first of these reso- 
lutions called for a commission "of three persons, learned 
in the law, .... whose duty it shall be to revise the 
laws now in force, to expurgate repealed laws, and to frame 

48 House Journal, 1858, pp. 37, 38. 

49 House Journal, 1858, p. 126. 
™ House Journal, 1858, p. 126. 

si At this election James W. Grimes was elected to succeed George W. Jones. 
— House Journal, 1858, pp. 128-131. See also Clark's History of Senatorial 
Elections in Iowa, Ch. V. 



HISTORY OF THE CODES OF IOWA LAW 323 



a system of laws in pursuance of the subjects and classifica- 
tion of the new Constitution". The second resolution pro- 
vided that the system of laws embraced in the first resolu- 
tion should contain certain specified features. Among these 
features was a provision for the establishment of a Com- 
missioner's Court, the creation of a Court of Common Pleas, 
the establishment of the office of County Auditor, a pro- 
vision calling for the organization of townships for the 
assessment of property and the collection of revenue, the 
separation of the offices of County Treasurer and Eecorder, 
and the creation of the office of Supervisor of Roads. 52 

Mr. W. H. Seevers immediately proposed a substitute 
which provided that the commissioners "aid and assist the 
Judiciary Committees of both Houses " in the work of re- 
vision. 53 This substitute was adopted by the vote of fifty- 
one to seventeen. Mr. Seevers then moved that the blanks 
in the resolution be filled by the names of "William Smyth 
of Linn County, Winslow T. Barker of Dubuque County, 
and C. Ben Darwin of Des Moines County, which motion was 
adopted by the vote of sixty- two to six. 54 The Senate, as 
already noted, adopted this resolution after slightly amend- 
ing it. 55 

On the 4th of February Mr. C. J. L. Foster offered a 
resolution calling for the appointment of a committee of 
three " whose duty it shall be to report amendments to the 
Code of Iowa, to this House, in order that the same may be 
made to conform to the provisions of the New Constitu- 
tion.' 1 This resolution was adopted and a committee con- 
sisting of C. J. L. Foster, D. A. Mahoney, and J. F. Ran- 

52 House Journal, 1858, pp. 136, 137. 

53 Rouse Journal, 1858, p. 137. 
House Journal, 1858, p. 138. 

55 Senate Journal, 1858, pp. 133, 134, 135. 



324 IOWA JOURNAL OF HISTORY AND POLITICS 



dolph was appointed. 56 There is no evidence, however, that 
this committee ever performed any service. 

On the same day Mr. George W. McCrary of Keokuk 
tendered a resolution instructing the Code Commissioners 
to confine themselves ' ' to harmonizing ' ' the laws to the new 
Constitution, "and preparing such additional acts as are 
necessary to carry out the same. ' ' This resolution did not 
meet with the approval of the House, however, and was not 
concurred in. 57 

Five days later a resolution was introduced in the House 
by Mr. T. "Walter Jackson calling upon the Commissioners 
to report their progress to the House. 58 Consequently, on 
the 23rd of February the Commission reported very fully 
upon its actions from the time of its appointment. It ap- 
pears that the Joint Judiciary Committees had given in- 
structions to the Commissioners to prepare acts in the fol- 
lowing order : 

1st. A Code of practice applicable to proceedings at law. 
2d. A Chancery practice. 
3d. A criminal practice. 

4th. The adaptation of existing laws to the New Constitution. 
5th. So changing the criminal law to the provisions of the New 
Constitution, that Justices may have some original jurisdiction. 59 

From time to time the Code Commission sent to the 
House drafts of bills intended to be incorporated into the 
new Code when completed, and in some instances these bills 
were immediately passed by an overwhelming vote. 60 

Late in the session Mr. B. F. Gue of Big Eock introduced | 
House File No. 338, which provided for the printing and 

56 House Journal, 1858, pp. 207, 208. 

57 House Journal, 1858, p. 208. 
™ House Journal, 1858, p. 254. 

• r '0 House Journal, 1858, pp. 360-363. 

60 Communications accompanying such bills are to be found in the House 
Journal, 1858, pp. 458, 477, 478. 



HISTORY OF THE CODES OF IOWA LAW 325 



binding of the report of the Commissioners and stipulated 
that it should be let "by contract with the lowest respon- 
sible bidder." 61 This bill was recommended for passage 
by the Committee on Expenditures, but was defeated by the 
vote of twenty-three to thirty-four. 62 

There appears to have been very little newspaper com- 
ment on the action taken by the Seventh General Assembly 
in providing for the revision of the laws. Indeed, there 
could be very little under the circumstances, as the need of 
such a work was apparent to all and the discussion of the 
minor details connected therewith was overshadowed by 
other more important questions of a national character. 

THE CODE COMMISSIONED 

The gentlemen selected by the legislature met immediate- 
ly after their appointment and organized for the work be- 
fore them. 63 To Mr. Smyth was allotted the task of pre- 
paring the criminal code, to Mr. Darwin the law practice 
act, and to Mr. Barker the chancery act. It appears that 
C. Ben Darwin acted as Chairman of the Commission, and 
it was he who wrote the principal report to the legislature. 64 

Charles Ben Darwin was one of the leading lawyers of 
Burlington, a man of liberal education and imbued with a 
fondness for original investigation. In connection with 
his work on the Revision of 1860 he made a study of prac- 
tically all the practice acts in force in the United States and 
later he also prepared a code of laws for the State of Ten- 
nessee. After removing from Iowa he was for a time 

61 House Journal, 1858, p. 630. 

62 Bouse Journal, 1858, p. 758. 

63 Quotation from the Burlington HawTc-Eye in The Tipton Advertiser, Vol. 
VI, No. 51, Thursday, December 8, 1859. 

64 Mr. Darwin took the most active part of any of the Commissioners in this? 
work. He wrote a large portion of the reports and the other Commissioners met 
at his office in Burlington when finishing their work. No direct statement, how- 
ever, can be found that Mr. Darwin was officially elected Chairman. 

VOL. X — 21 



326 IOWA JOURNAL OF HISTORY AND POLITICS 



United States District Judge for the Territory of Wash- 
ington. He died at Napa Asylum near San Francisco in the 
spring of 1901. 65 

The framer of the criminal code, William Smyth of 
Marion, was born in Tyrone County, Ireland, on the 3rd of 
January, 1824. Bemoving to Iowa from Pennsylvania in 
1843, he studied law at Iowa City in the office of Judge J. P. 
Carleton and was admitted to the bar in 1846. In 1848 he 
opened an office at Marion, and became a leader in com- 
mercial affairs in Linn County. From 1853 to 1857 he 
served in the capacity of Judge of the Fourth Judicial Dis- 

65 Very little of a biographical nature is to be found concerning C. Ben 
Darwin. See The Courts and Legal Profession, Vol. I, p. 87 ; and the Annals of 
Iowa, Third Series, Vol. V, p. 160. 

In The Burlington Weekly Hawk-Eye of Saturday, March 17, 1860, may be 
found sketches of the various members of the Commission written by "Linken- 
sale", a correspondent. The following concerns Mr. Darwin: 

"It would not be a bit fair to leave out pictures of the Code Commissioners 
from the very life-like and ' reliable ' series of sketches which have from time to 
time appeared in ' these presents. ' For, in the graphic style of Greeley, 1 in the 
first place ' the Code Commissioners are learned in the law — secondly, they are 
unanimously of opinion that they are good looking — and thirdly — they are. 

"Charles Ben Darwin, the author of the Civil Practice Act is known per- 
sonally to many readers of the Daily Hawk-Eye. Let them not suppose, how- 
ever, that his old familiar friend, that brown old coat of many a pleasant 
memory, adorns his body corporal whilst at the capital. He appears ' every day 
and Sunday too,' in a fine black suit, scrupulously neat. Go into the judges' 
room and you will find him by his desk, always at work and always standing. 
I have never seen him sitting down but once, and that was at the dinner table, 
though I did catch him a-napping one Sunday afternoon, with the Bible in one 
hand, at Chronicles 2:30, and Seward's big speech in the other. His orthodoxy, 
therefore, is not to be questioned, even whilst he is away from home. He is one 
of the most diligent, careful students I ever met. He gets up early every 
morning, takes a cold-water bath, and walks four miles before breakfast, after 
which, with short intermissions, he works away on the Code or revision of the 
laws till 9 or 10 o'clock at night. He is greatly respected here as a lawyer, and 
as much liked as a man. His remarks in the Senate and House in explanation 
of those portions of the Code in regard to which there was debate, have been 
clear, forcible, and able. Of an unsuspecting, generous, noble nature, it shall 
be no fault of mine if his merits are not universally appreciated." 

See also Proceedings of the Iowa State Bar Association, Vol. VII, 1901, p. 
80, for a short sketch of C. Ben Darwin. 



HISTORY OF THE CODES OF IOWA LAW 327 



trict. After serving on the Eevising Commission lie was 
appointed a member of the Committee on Legal Inquiry 
and he also assisted Governor Kirkwood in selling bonds 
during the early part of the Civil War. 

In 1862 Judge Smyth received a commission as Colonel 
of the Thirty-First Iowa, but after a year's service he was 
forced to resign on account of ill health. In 1868 he was 
elected Congressman from Iowa and died while serving in 
that capacity on September 30, 1870. 66 

The third member of the Commission was Mr. Winslow 
T. Barker of Dubuque. Judge Barker presided over the 
Delaware County Circuit Court from 1869 until 1872 and 
represented his district in the House of Representatives in 
the Sixth and Eleventh General Assemblies. 67 Dr. Robert 

66 For an extended biography of Judge Smyth, see History of Linn County, 
Iowa (1878) ; Portrait and Biographical Album of Linn County, Iowa; and 

! Gue's History of Iowa, Vol. IV, p. 248. Judge Smyth's name is also to be 
found spelled Smythe and Smith. 

" Judge Smyth, of Linn county, has prepared the Criminal Code, with the 
most of the provisions of which Mr. Barker agrees, but dissents as to one or 

I two principles which Messrs. Smyth and Darwin approve. The Judge is a fine 
lawyer, fine talker, and fine fellow generally — very sociable with his friends, 
but rather distant to those with whom he has no acquaintance. His physique 
is unexceptionable — tall, rather slenderly but compactly built, with a fine head, 
he is such a man as the ladies like to look upon frequently. But I suspect 
they don't get the chance. He is a hard student, but during hours of re- 
laxation talks much with his friends, with whom he is immensely popular. ' ' 
— ' ' Linkensale " in The Burlington Weekly HaivTc-Eye, Saturday, March 17, 
1860. 

67 Iowa Official Begister, 1911-1912, pp. 72, 145. 

"Mr. Barker (pray don't have it printed Baker) is a trump — a Democratic 
right bower — a gentleman of manly independence — a lawyer of fine attain- 
ments — a scholar whom now, henceforth, and all the time I shall delight 
to honor, never, however, forgetting to pray that he may be redeemed, re- 
generated, and disenthralled from the bondage of modern Democracy. He's 
none of your 'cussed go-it-blind Democrats', though, but as independent in 
politics as he is in other respects. I do not know but I respect his Democracy, 
after all, for it is of the old fashioned sort, not known at Washington. Mr. 
Barker makes friends with all who know him. They respect his abilities 
and his attainments and they like him hugely for his many genial and 
amiable qualities. If any body asks me to affirm that he is very emphati- 



328 IOWA JOURNAL OF HISTORY AND POLITICS 



I. Thomas of Dubuque served as the clerk of the Commis- 
sion and of the Revision Editor. 68 

THE KEPOKT OF THE COMMISSIONED 69 

After having written the various acts as outlined above 
the Commissioners met and went over the reports in joint 

cally good-looking, I beg to be 1 excused' — upon my conscience. " ^ — "Linken- 
sale" in The Burlington W 'eekly> Hawk-Eye, Saturday, March 17, 1860. 

In The Dubuque Weekly Times, Vol. XVIV, No. 1, Wednesday, January 10, 
1872, may be found an extended obituary notice of Judge William T. Barker. 

68 "Dr. Thomas, who, as well as Mr. Barker, is from Dubuque, is Secre- 
tary to the Commissioners, and Counsellor Pleydell, though he might have 
had a clerk who could drink more ale and write, never saw one who could 
write more without drinking ale. The Doctor is always at his post, and per- 
forms to all perfection the arduous duties devolving upon him. He was one 
of my first acquaintances here, but I trust that he will deem it no bad judge- 
ment when I say that he is a man who wears well, and whom, the better you 
know, the more you like. The Doctor is exceedingly popular, and is a great 
favorite with the fair sex, especially if they be 'vidders. 1 Old Toney Weller's 
doctrine has no response in his heart — nor in mine. " — " Linkensale ' ' in 
The Burlington Weekly Hawk-Eye, Saturday, March 17, 1860. See also Tie- 
vision of 1860, Preface, pp. v, vi. 

69 The two reports — the report containing the criminal code and the report 
containing the civil practice act — are very rare. The copy used by the 
writer was kindly loaned by Mr. A. J. Small from the State Library at Des I 
Moines. The reports are bound together in one volume and are probably the 
only copies extant. The pages are ordinary octavo in size and the work I 
gives evidence of great hurry in its preparation. On the first page of each ! 
report appears the name "Ed Wright" in bold handwriting. A card pasted j 
on the cover states that Mr. Wright, who represented Cedar County in the I 
House during the Sixth, Seventh, and Eighth General Assemblies, presented 
these valuable reports to the Historical Department at Des Moines. 

As evidence that the work was done in a hasty and careless manner the 
following clipping and comments thereon are taken from The Iowa Citizen 
(Des Moines), Wednesday, February 8, 1860: 

"We have received a copy of the report of the Code Commissioners, which 
has been printed for the use of the Legislature. It makes a volume of about ! 
350 pages. We have had no opportunity of examining it as yet, and shall 
not venture an opinion of its merits. The printing, however, is abominable, I 
as any one can see at a glance. — Hawkeye. 

"Avast there, Mr. Hawkeye. We hardly expected any such slur from 
you. You have certainly a copy of the Code Commissioners Eeport that 
was not printed at this office; or you have got one that justifies no such cen- 
sure as that embodied in the paragraph quoted above. The type in which 
the report was set, is not new; and shows no such clear outlines as new type I 



HISTORY OF THE CODES OF IOWA LAW 329 



session. 70 The report was then presented to the General 
Assembly after being printed for its action thereon. An 
act of March 11, 1858, provided that the Secretary of State 
should have five hundred copies of this report printed and 
send a copy to each member of the legislature one month 
previous to the meeting of the General Assembly. 71 How- 
ever, it seems that the report was delayed until after the 
opening of the Eighth General Assembly. 72 

The printed report consists of two parts and is a very 
rare book. The first part contains the report on criminal 
practice, the title page of which reads as follows : 

does. The paper is very poor; the poorest the State has ever used. Its 
color is bad and its texture is little better than common news. But as the 
document is for temporary use only; it was not deemed necessary by the 
State officers, — who are trying to practice a rigid economy, — to purchase 
a better article. . . . Every printer knows that it is impossible to make fine 
work, on common newspaper. 7 ' 

70 Beport of the Code Commissioners on the Civil Practice Act, p. 344. See 
also The Tipton Advertiser, Vol. VI, No. 51, Thursday, December 8, 1859. 

71 The Revision of 1860, Preface, p. iii. 

72 In commenting upon this delay the Democratic Clarion (Bloomfield), Vol. 
Ill, No. 16, Wednesday, January 25, 1860, makes the following remarks: 

- i There will be a great deal of business before the Legislature, the Commis- 
sioners appointed to revise the Code have not yet reported, but will do so next 
week; the law required the Code to be in the hands of the members elect one 
month before the meeting of the Legislature, but like everything else in Re- 
publican misrule, they are yet in the employ of the State at three dollars per 
day." 

In an editorial on Wednesday, January 25, 1860, Editor John Teesdale of 
I The Iowa Citizen (Des Moines), stated: "The Eeport of the Code Commis- 
sioners will soon come before the Legislature; and the legal fraternity of that 
j body, feel more deeply interested in it than in any question likely to come up. 
They are for giving it precedence, and some of them go so far as to censure 
\ ;he State Printer, because he obeyed the injunctions of law, and gave prece- 
lence to the reports of State officers and State Institutions, as they came into 
lis hands. — Gov. Lowe, in his message expressed himself quite favorably in 
"egard to the Report of the Code Commissioners ; and the impression of the 
egal fraternity seems to incline the same way, so far as a knowledge of the 
haracter of the Report has extended. This would seem to augur, if it means 
mything, more prompt action in the Legislature than has been generally 
anticipated. ' ' 

See also Daily Iowa State Register (Des Moines), Friday, January 13, 1860. 



330 IOWA JOURNAL OF HISTORY AND POLITICS 



THE CODE 
OF 

CRIMINAL PRACTICE 

OF THE 
STATE OF IOWA. 



REPORTED BY THE CODE COMMISSIONERS TO THE 
EIGHTH GENERAL ASSEMBLY 



PREPARED BY WILLIAM SMYTH, ONE OF THE COMMISSIONERS. 



DES MOINES, IOWA: 

JOHN TEESDALE STATE PRINTER 

1860. 

This part of the report, however, did not meet with the 
unanimous approval of all the Commissioners, as W. T. 
Barker thought that section 356 of the report which limited 
the counsel for the State to one argument before the trial 
jury and giving the closing argument to the defendant's 
counsel in all cases, should not prevail. 73 Moreover, Mr. 
Barker did not approve of the chapter on appeals and he 
proposed a substitute, which as he declared "is mainly the 
existing law, revised and amended." 74 

Following Mr. Barker's remarks and his proposed sub- 
stitute bill the majority report of the Commissioners took 
up the provisions from which Mr. Barker dissented and 
discussed them quite fully. The Commission declared that 
"it was the intention of the Commission, to have accom- 
panied the Act herewith reported to the General Assembly, 
with a statement of the changes which it proposes to intro- 
duce into the present Criminal Practice, and the reasons 
which operated on the minds of the Commissioners and 

73 Report on the Code of Criminal Practice, 1860, pp. 95-97. 

74 Beport on the Code of Criminal Practice, 1860, pp. 97, 98. 



HISTORY OF THE CODES OF IOWA LAW 331 



induced them to recommend such changes ; but the already 
advanced period in the session, and the pressing demands 
of other more important matter on the State Printer, ad- 
monish us to forbear, and at once submit the Act as it is, 
hoping that its provisions are so intelligible, that they can 
be understood." 75 

This report on the Code of Criminal Practice contains 
much new matter not found in the Code of 1851, but scores 
of sections are taken directly from the latter work. There 
are one hundred and twenty pages, ninety-two of which 
contain the proposed act and are without notes or refer- 
ences of any kind. 

The second part of the report embraces three hundred 
and forty-four pages and contains the practice act as pre- 
pared by Mr. Darwin. 76 The title page of this report reads : 

REPORT 
OF THE 

CODE COMMISSIONERS, 

TO THE 

EIGHTH GENERAL ASSEMBLY OF THE STATE OP IOWA. 



DES MOINES, IOWA. 
JOHN TEESDALE, STATE PRINTER. 
1859. 

As in the case of the criminal code, a great many sections 
of the Code of 1851 have been copied verbatim and made a 
part of the report containing the practice act. When this 
report was submitted to the legislature it passed with very 
little amendment. 77 A few sections in the report, however, 
are not to be found in the completed work, and among such 
may be mentioned chapter three of the report which pro- 

75 Report on the Code of Criminal Practice, 1860, p. 93. 

76 Beport of the Code Commissioners on the Civil Practice Act, p. 3. 

77 Revision of 1860, Preface, p. iii. 



332 IOWA JOURNAL OF HISTORY AND POLITICS 



vides for a reporter of the Supreme Court. 78 Furthermore, 
in some instances chapters in the completed work have their 
order different than those in the report, or contain addi- 
tional matter. On the other hand some entire chapters in 
the report are taken bodily from the Code of 1851 and are 
not changed in the least. 79 

The most interesting part of this report is to be found in 
the Remarks which follow the draft of the act. 80 The writer 
of the report states that it is written chiefly for the un- 
professional reader. 81 He then describes the two kinds of 
law, adjective and substantive, and shows that the act sub- 
mitted contains adjective law for the most part. This state- 
ment is followed by an article entitled A Glance At The 
History Of Pleading, which traces the development from 
the hard and fast forms of the old common law to the all 
embracing petition of the modern code pleader. 82 It de- 
scribes the absurdities to which the old method of pleading 
went and then shows the steps taken by New York to remedy 
such evils. 83 

In speaking of the introduction of the reformed method 
of pleading into Iowa the report states : 

We have said this system was introduced into Iowa in 1851. It 
forms the main features of the ' ' Part Third, ' ' of our Code of that 
year. There were some misfortunes attendant upon its introduc- 
tion here. 1st. There was no attendant report to tell us of its 
origin — to point out its aims, or to guide to sources of illustration. 

78 An act providing for a Supreme Court Eeporter was approved on April 2, 
1860, and took effect May 9, I860.— Eevision of 1860, p. 21. 

7 9 Among such chapters are the ones on Nuisance, Waste, and Trespass ; 
Official Securities and Fines; Habeas Corpus; Changing Names; and Judgment 
Liens. — Report of the Code Commissioners on the Civil Practice Act, pp. 149, 
154, 165. 

so Report of the Code Commissioners on the Civil Practice Act, pp. 175, 176. 

81 Report of the Code Commissioners on the Civil Practice Act, p. 175. 

82 Report of the Code Commissioners on the Civil Practice Act, p. 177 et seq. 
H '! Report of the Code Commissioners on the Civil Practice Act, p. 189. 



HISTORY OF THE CODES OF IOWA LAW 333 



It hence followed that many, of both the bar and bench, not ac- 
quainted with the latest legal thought, deemed the Code a startling 
innovation, and without example as a departure from precedent. 
2d. That while borrowed almost entirely from New York, except 
some parts which we think clearly improvements, even on the New 
York system, yet the terms of the parent act were so far departed 
from as to make it difficult even to those well versed in both acts, 
and almost impossible for others to apply the judicial illustration 
which the New York act has secured, to the illumination of our 
own. Besides, this act had not then attained its present extended 
popularity, nor won its way to the general acceptance of so many 
States and Territories. 

Then, too, in the older cities of the State, among the old men, the 
oldest and best lawyers, who were worked gray in the profession, 
there was a strong cleaving to the friendly old forms in the use of 
which they did, or were supposed to excel. It was hard for such 
men to forego a superiority, well and laboriously earned, and to be 
compelled to begin again by the side of the youth just immerging 
into the legal arena, with whose sweat, and blood, and scars, these 
veterants were so gallantly mantled. For these men had not learned 
then, what they have since — that the new system was the old 
system shorn only of its nonsense, and that no lesson learned in the 
logic or philosophy of the old, but applied as well to the new. 

Then, too, were the mechanical men, who never went below the 
surface to find the reason of a thing, who lived and breathed, in 
lifeless forms. There was also the fearfully conservative man, who 
thought that his long buried ancestors knew much better, not know- 
ing his surroundings, what was best for him amid such surround- 
ings, than he possibly could — and among them all, and rather for 
the reasons we have given, it turned out that the Code was not wel- 
comed as warmly as it had the right to be. 84 

After describing the confusion existing between law and 
equity procedure more fully the writer declares that ' i these 
things being thus, the Code being in many applications 
doubtful, and in some having clearly failed to secure its 

8 ± Report of the Code Commissioners on the Civil Practice Act, pp. 190, 191. 
The Commissioner criticises the case of Claussen v. Lafranze, 4 Greene 224, 
for stating that ' 1 chancery was not included in the reform of the Code f '. 



334 IOWA JOURNAL OF HISTORY AND POLITICS 



purpose, the General Assembly imposed upon us, the duty, 
among other things, of making a code of civil practice." 85 
A vast amount of material appears to have been gone 
over by the Commission, for it states that in its investiga- 
tions "all the reports made by former commissioners, en- 
gaged in the same duty, have been consulted. The codes of 
all the States we have before mentioned, have been before 
us, as well as all the reported decisions on the same — the 
English practice Acts of 1852, and 1854, and the last ex- 
pressions of English reform in Chancery — the codes of 
Louisiana and France, which by the way, in the inception 
of this reform movement, contributed much to the system, 
as well as all the works on the new practice in the States 
and in England, and the latest English works on evidence. 
Distinguished legal men have been also by the writer hereof, 
consulted by letter, as to the practical working among them 
of the main features introduced into this act, and the ex- 
perience thus collected will be presented in its proper 
place. . . . We cannot consent to return again to the 
dead mumblements of the past, and we know that neither 
the people, nor the bar, nor the bench, would allow it." 86 
Indeed, it seems that Mr. Darwin had bought a number of 
books at his own expense, and had borrowed others, the 
State Law Library at that time not being as well equipped 
as it is to-day. 87 

There are four "central ideas" to be found in the new act 
proposed. They were "uniformity in the pleadings of law 
and equity, with a possible uniformity throughout, but a 
right of dissimilarity in the mode of proof, trial, and ap- 
85 llcport of the Code Commissioners on the Civil Practice Act, p. 195. 
* r > Report of the Code Commissioners on the Civil Practice Act, p. 195. 
" For reports concerning the condition of the State Library, see Semti 
Journal, 1858, pp. 234-236. In the Daily Iowa State Register (Des Moiues), 
Saturday, March 10, 1860, Mr. Darwin states that he collected at his own ex- 
pense a large number of reference works. 



HISTORY OF THE CODES OF IOWA LAW 335 



peal"; verification of pleadings; early arrest of pleadings; 
and the allowing of a litigant party to make himself a wit- 
ness. 88 Each feature is elaborately discussed and the 
opinions of a large number of eminent jurists are printed 
in commendation of the methods proposed. 89 In concluding 
his argument in favor of uniformity of procedure Mr. 
Darwin states : 

Thought, in every other department of science, while it borrows 
from, refuses to bow in servile submission to the past; and in law 
only, and that in but a State or two, is bound down and gagged, and 
sitting with brow unlit by the truth and glory of the coming time. 
Let not our own young State in everything else so eminent, and 
bounding on like a young giant refreshed with wine, to the goal of 
her great destiny, be longer crippled by this load of effete non- 
sense, not imposed by, but accepted, from the dead centuries. 90 

Mr. Darwin further wrote that " it is fair to Mr. Barker, 
to say that, to that portion of this argument, going beyond 
what is needed to sustain our act, he does not stand com- 
mitted." 91 

Strong arguments are also given on the other features of 
the proposed act, namely: verification of the pleadings, 
early arrest of pleadings, and allowing a litigant party to 
make himself a witness. 92 These, with the addition of uni- 
formity in procedure, were declared to be the only great 
changes from the existing law. The Commissioners, how- 
ever, stated that "considerable change has been made in 
phraseology only to secure better the intention". 93 

Beport of the Code Commissioners on the Civil Practice Act, p. 196. 
89 Beport of the Code Commissioners on the Civil Practice Act, p. 292. 
Mr. Darwin states that over six hundred letters were written to Iowa lawyers, 
asking for suggestions on the proposed act. 

oo Beport of the Code Commissioners on the Civil Practice Act, p. 236. 

91 Beport of the Code Commissioners on the Civil Practice Act, p. 237. 

92 Beport of the Code Commissioners on the Civil Practice Act, pp. 237, 258, 
260. 

93 Beport of the Code Commissioners on the Civil Practice Act, p. 291. 



336 IOWA JOURNAL OF HISTORY AND POLITICS 



The report is followed by Remarks on Particular Sec- 
tions, which in many instances are very radical in tone. 94 
Commissioner Darwin makes a caustic criticism of the op- 
ponents to codification 95 in speaking of section 18 which 
reads, "The rule of the common law that statutes in dero- 
gation thereof are to be strictly construed, has no applica- 
tion to this Code. Its proyisions and all proceedings under 
it, shall be liberally construed with a view to promote 
its object and assist the parties in obtaining justice." 96 
On section 458 of the report which reads, "The Court may 
restrict the time of any attorney in any argument to itself, 
but shall not do so in any case before a jury," 97 Mr. Darwin 
was also very bitter in his criticism. 98 It was termed by 
him a "gag law", and he further declared that "any exer- 
cise of it is dangerous." 99 In closing his argument against 
this section, which was placed in the proposed act against 
his wishes, Mr. Darwin declared that the county courthouse 
is the school house of the masses, and that "the lawyer is 
the priest who more than the judge announces those les- 
sons. His voice, even if it be, as sometimes, raised to mis- 
apply them, trumpets out these grand truths which form the 
granite ribs on which rests our social liberty and life. . 
. . He seizes on wrong and crime and lashes them naked 
into ignominy, banishment, or dungeons. . . . Yon 
have broken the chief altar, and silenced and ejected the 
priest, and your temple of justice, has become a mercenary 
shamble where profit and loss is selfishly bartered, while 
shivering virtue cries aloud, unheeded, in the streets." 100 

94 Report of the Code Commissioners on the Civil Practiee Act, p. 293. 

{ » r > Report of the Code Commissioners on the Civil Practice Act, pp. 293, 294. 

00 Report of the Code Commissioners on the Civil Practice Act, p. 7. 

07 Report of the Code Commissioners on the Civil Practice Act, p. 65. 

08 Report of the Code Commissioners on the Civil Practice Act, pp. 320-324. 
00 Report of the Code Commissioners on the Civil Practice Act, p. 321. 

ioo Report of the Code Commissioners on the Civil Practice Act, p. 324. 



HISTORY OF THE CODES OP IOWA LAW 337 



In concluding this report Mr. Darwin acknowledged aid 
from Hon. Dudley Field of New York, William Price of 
Maryland, and W. R. Wells of Missouri, who were or 
had been engaged in similar work in their respective 
Commonwealths. 101 He also stated that the report was not 
written until the act had been approved by the whole Com- 
mission, only four weeks before the beginning of the session, 
when the report was sent at once to the printer. 102 As a 
consequence, the writer declared, "the report was then 
rapidly dashed off in the fear that it might be wanted be- 
fore ready. It thus also results that a thousand pages of 
study and notes on this subject, which should have been 
condensed into less bulk than this report, in its present 
shape, cannot be appropriated, as was designed, to the illus- 
tration hereof." 103 

In addition to the two reports above described there was 
yet a third report presented, together with a draft for a 
"Eevision of the Laws". A portion of this report is to be 
found in the preface to the Revision of 1860 and is not 
nearly as extensive as the other two. 104 From it may be 
learned the method adopted by the Commissioners as stated 
in the following paragraph : 

This revision which we offer you, does not need to be enacted, as 
it is the law as it exists already. We add nothing to the law — 
subtract nothing therefrom — make no change of word or phrase 
— merely of the arrangement of the existing law. We simply put 
into one chapter what we think belongs to one chapter. We in- 
dicate what act and section thereof, each section comes from — the 
book where it was formerly found, and when it was passed and took 
effect. 105 

101 Report of the Code Commissioners on the Civil Practice Act, p. 344. 
!02 Report of the Code Commissioners on the Civil Practice Act, p. 344. 
los Report of the Code Commissioners on the Civil Practice Act, p. 344. 

104 Revision of 1860, Preface, pp. iv, v. 

105 Revision of 1860, Preface, p. v. 



338 IOWA JOURNAL OF HISTORY AND POLITICS 



Besides stating the method pursued by the Commission- 
ers, this report presents an excellent summary of the prog- 
ress of codification in the United States up to I860. 106 It 
states the decision of the Commission to follow the arrange- 
ment as laid down in the Code of 1851 since "that method 
is so good, and so well understood, that a change would 
neither be sustained by reason, nor by the approval of the 
people. The method or classification of the Code has very 
illustrious prototypes, and among the States there are 
several Codes which use the same method, as for example, 
those of Virginia, Alabama, Delaware, etc." 107 

These three reports did not bring forth the criticism that 
the Report on the Code of 1851 incurred, and they were 
substantially enacted as presented. 108 

LEGISLATIVE ACTION UPON THE KEPOKT 

The Eighth General Assembly of the State of Iowa con- 
vened at Des Moines on January 9th, I860. 109 Probably the 
most important work of the session was the consideration 
of the reports of the Code Commissioners, although other 
very important measures were considered. 110 

loe For instructive historical articles on the progress of codification in the 
United States see A Revival of Codification, by Francis M. Burdick in 10 Co- I 
lumbia Law Review 118, February, 1910; and Codification in The Law Bulletin, 
State University of Iowa, No. 22, p. 16. 

107 Revision of 1860, Preface, p. v. 

108 Revision of 1860, Preface, p. iii. See also Withrow and Stiles' Digest of 
the Decisions of the Supreme Court of Iowa, Preface, p. xviii. 

In speaking of the action of the Senate upon the reports, a correspondent to 
The Washington Press (Washington, Iowa), Wednesday, March 14, 1860, 
writes: 

' ' The amendments are mostly of a mere correctionary character. In its 
main features the Code remains untouched. The most important amendment is I 
in relation to verification of Pleas. On this the committee (Judiciary) were 
divided and agreed to a compromise. The compromise is, that either party may 
verify any pleading he may choose, and then all subsequent pleadings by either 
party shall be verified. ' ; 

ioo House Journal, 1860, p. 1. 

no "The most important work of the Eighth General Assembly was the COD 



HISTORY OF THE CODES OF IOWA LAW 339 



In his biennial message Governor Lowe reported that : 

The commissioners appointed to prepare a code of civil and crim- 
inal procedure, and to revise and codify the laws of the State, will 
spread before you the work of their hands, which should engage 
your attention in the early session, whilst the several committees 
are preparing other measures for your consideration. 

The very cursory reading which I have been able to give to a por- 
tion of the civil practice act, made a favorable impression upon my 
mind, and it is to be hoped, upon a full and careful examination by 
you, that it will be found quite acceptable, and that you will not feel 
it necessary to make many changes in the same. 111 

As the reports of the Commissioners were not ready at 
the time of the convening of the legislature, their consider- 
ation was of necessity postponed until near the middle of 
the session. On the last day of January, Mr. Nathaniel B. 
Baker in the House of Bepresentatives " moved to take up 
the Code of Civil Practice, in committee of the whole . . 
I. . and each day thereafter till it is disposed of." 112 
This motion was amended, however, upon the motion of 
i Thomas W. Claggett and it was referred to the Committee 
on the Judiciary. 113 The following day Mr. J. H. Williams 
introduced a concurrent resolution instructing the Secre- 
tary of State "to deliver to the Code Commissioners fifty 
copies of their report on civil practice." 114 This action 

iideration of the report of a commission selected by the previous Legislature to 
•evise and codify the laws of the State. Their elaborate work was carefully 
•eviewed, and, with some amendments, enacted and published as the ' Revision 
I »f 1860. ' W. H. F. Gurley, of Scott County, chairman of the committee of 
vays and means, in the House, framed new revenue laws which with few 
hanges, remained on the statute books for more than a quarter of a century, 
working a great reform in the collection of taxes. ' ' — Gue 's History of Iowa, 
M. II, p. 32. 

111 Shambaugh's Messages and Proclamations of the Governors of Iowa, Vol. 
I, p. 179. 

112 House Journal, 1860, p. 175. 

113 House Journal, 1860, p. 175. 

1 14 House Journal, 1860, p. 181. 



340 IOWA JOURNAL OF HISTORY AND POLITICS 

was approved by the Senate on the 11th of February. 115 
On the same day, Mr. Rush Clark of Johnson County pre- j 
sented a resolution calling on the Code Commissioners "to 
transmit a copy of their report on criminal practice, to each 
Supreme and District Judge, and each District Attorney of 
the State, as early as practicable. " 116 

On the 17th of February the Judiciary Committee pre- ! 
sented a partial report on the proposed Civil Practice Act 
and recommended less than a score of changes, most of them 
being of trivial importance, as for instance, the transposi- 
tion of words or corrections in grammar. 117 A week later 
a further report was made, the amendments, however, being 
of the same nature as in the previous report. 118 

During the last week in February, 1860, Mr. Thomas W. ! 
Claggett offered a resolution to postpone the consideration j 
of the Code until the following session of the General As- \ 
sembly, but it was laid on the table. 119 Mr. Eush Clark of 
Johnson also presented a petition from seventeen citizens j 
of the Eighth Judicial District against the passage of the 
new Code. 120 On March 6th, however, the point was reached 
where Mr. Henry C. Caldwell, Chairman of the Judiciary 
Committee, offered the following resolution : 

That senate file number 126, an act to establish a Code of Civil 
Practice, be made the special order for Thursday, 8th inst, at 2 
o'clock, P. M., and that it remain the special order for each after- 
noon thereafter, until the same is disposed of. 121 

This resolution was adopted as was also one tendering j 

us House Journal, 1860, pp. 227, 228. 
no House Journal, 1860, p. 231. 
n7 House Journal, 1860, p. 254. 

ii» House Journal, 1860, pp. 288-290. A third report from the Committee on ! 
the Judiciary can be found in the House Journal, 1860, pp. 384-387. 
no House Journal, 1860, p. 302. 
120 House Journal, 1860, p. 287. 

i^i House Journal, 1860, p. 372. I 



HISTORY OF THE CODES OF IOWA LAW 341 



the Commissioners the privilege of seats on the floor and 
the permission to speak on the act under discussion. 122 On 
Tuesday, the 13th of March, the Committee of the Whole 
House reported back the Senate bill "with sundry amend- 
ments, and recommended its passage". 123 The following 
day the bill passed the House by the vote of forty-nine to 
thirty-two. 124 

Five days later the House was informed that the Senate 
had passed the act for a Criminal Code whereupon Mr. 
James H. Williams offered the following resolution which 
was adopted : 

That senate file number 153 be made the special order for to- 
morrow afternoon and every afternoon thereafter until the same 
be disposed of ; and that the commissioners be and are hereby in- 
vited to occupy a place on this floor, and participate in the dis- 
cussion of the same. 125 

When this act was voted upon on the 20th of March it 
passed the House by the vote of forty-four to thirty- two. 1 26 

Having passed both acts it became important that pro- 
vision should be made for publication and for the payment 
of the Commissioners. On the 28th of March Mr. Alvah H. 
Bereman of Mt. Pleasant introduced a bill which called "for 
the publication of the Revised Statutes of I860". 127 Mr. 
Henry C. Caldwell proposed a substitute for this bill which 
was adopted. 128 Amendments were made to this substitute 
bill in the Senate, but they were all concurred in by the 
House. 129 

122 House Journal, 1860, p. 372. 

123 House Journal, I860, p. 421. 

124 House Journal, 1860, pp. 426-430. 

125 House Journal, 1860, p. 454. 

126 House Journal, 1860, pp. 464, 465. 

127 House Journal, 1860, p. 560. 

128 House Journal, 1860, pp. 617, 618. 

129 House Journal, 1860, p. 652. 

vol. x — 22 



I 



342 IOWA JOURNAL OF HISTORY AND POLITICS 



In many respects the action in the Senate was more im- 
portant than the action of the House, since both bills pro- 
viding for the adoption of the reports originated in the 
upper house. On January 31, 1860, Senator M. L. Mc- 
Pherson moved that the report of the Code Commission be 
taken up and referred to the Judiciary Committee, which 
was ordered. 130 A week later Mr. David Hammer offered 
a resolution in which the Judiciary Committee was request- 
ed to report "immediately, on the report of the Code 
Commissioners ' ', and be discharged from any further con- 
sideration thereof. 131 This resolution was laid on the table 
and appears to have been of no further significance. 132 

On February 27, 1860, the Senate was ready to consider 
the report of the Commissioners and Mr. John W. Eankin 
of Lee County offered the following resolution which was 
adopted : 

Resolved, That the Code Commissioners be invited to take a seat 
on the Senate floor, while the Senate is considering the Code and I 
amendments in Committee of the Whole. 133 

At two o 'clock the Senate resolved itself into a Committee ! 
of the Whole Senate for the consideration of the report. 134 
Two days later on the 29th of February the Judiciary Com- 
mittee reported back Senate File No. 126, which provided | 
for the establishment of a Code of Civil Practice, with , 
sundry amendments, and the majority recommended that j 
the bill be passed. 135 Furthermore, the Committee of the 
Whole Senate, on the same afternoon, recommended the | 
passage of the act. 136 

130 Senate Journal, 1860, p. 155. 

131 Senate Journal, 1860, p. 209. 

132 Senate Journal, 1860, p. 209. 

133 Senate Journal, 1860, p. 331. 

134 Senate Journal, 1860, p. 333. 

135 Senate Journal, 1860, p. 346. 

136 Senate Journal, 1860, p. 349. 



HISTORY OF THE CODES OF IOWA LAW 343 



When the bill came up for consideration a large number 
of the amendments made by the last named committee were 
concurred in. 137 Several amendments proposed by individ- 
uals, however, did not meet the same fate, but were lost. 138 
After much discussion concerning these amendments the 
bill was put to a final vote and adopted by the vote of 
twenty-eight to twelve. 139 

On the 10th of March the bill for an act to establish a 
Code of Criminal Practice was reported back to the Senate 
from the Judiciary Committee by Mr. John W. Rankin. 140 
After having been considered by the Committee of the 
Whole Senate the bill was passed by the vote of twenty- 
three to eighteen on March 16, I860. 141 

The next question concerning the Code to engage the at- 
tention of the Senate was the compensation of the Com- 
missioners. On March 21st Mr. William F. Coolbaugh of 
Burlington introduced a bill to pay the Commissioners. 142 
After being referred to the Committee on Ways and Means, 
1 and having been by them amended, it was passed by the 
Senate on the 27th of March. 143 

The question of printing and distributing the Revision 
of 1860 appears to be a complicated question in the Senate, 
and no less than four different bills were introduced. 144 
Mr. Alvin Saunders presented a bill which provided for 
"the revision of the laws of this Session into the revision 
presented by the Commissioners, and also for superintend- 

137 Senate Journal, 1860, pp. 360-366. 

138 Senate Journal, 1860, pp. 366-370. 

139 Senate Journal, 1860, pp. 378-383. 

140 Senate Journal, 1860, p. 422. 

141 Senate Journal, 1860, p. 485. 

142 Senate Journal, 1860, p. 533. 

143 Senate Journal, 1860, pp. 620-622. 

144 These bills were House Files Nos. 369 and 395, the substitute for House 
Pile No. 369, and Senate File No. 222. 



344 IOWA JOURNAL OF HISTORY AND POLITICS 

ing the publication, indexing and distribution of the 
same." 145 This bill passed the Senate by a vote of twenty- 
seven to four and went through the House without amend- 
ment. 146 

When the House bill which provided for the printing of 
the Code reached the Senate, it was amended and passed. 
The House concurred in the Senate's amendments and the 
bill became a law. 147 A joint resolution introduced in the 
House calling for the distribution of the Code and laws to 
members of the legislature appears to have been lost. 148 

The last bill or act concerning the Revised Statutes of 
1860 took the form of a concurrent resolution and it re- 
ceived the sanction of both houses. This resolution was 
fathered by Mr. A. 0. Patterson of Muscatine County and 
read as follows : 

1 

Resolved, By the Senate, the House concurring, That it is hereby 
made the duty of the Secretary of State, to furnish one copy of the ! 
' ' Revised Statutes ' ' of Iowa to each member *of the General As- 
sembly, as soon as they are published ; also, purchase and deliver one I 
copy of the Iowa Digest (by Dillon) of the Supreme Court of this I 
State, to each of said members. 149 

For their labor in preparing the reports the Commis-j 
sioners received the sum of six thousand seven hundred and 
fifty dollars. Of this amount Mr. Darwin received three 
thousand dollars, Mr. Smyth and Mr. Barker each received i 
the sum of fifteen hundred dollars, while seven hundred and! 
fifty dollars were alloted to the clerk of the Commission,! 
Dr. E. I. Thomas. 150 



145 Seriate Journal, 1860, p. 640. 

146 Senate Journal, 1860, pp. 726, 727, 735. 

147 Senate Journal, 1860, p. 740. 

148 Senate Journal, 1860, p. 703. 

140 Senate Journal, 1860, pp. 709, 710, 714. 
160 Laws of Iowa, 1860, p. 52. 



j 



HISTORY OF THE CODES OF IOWA LAW 345 



THE PRINTING OF THE REVISION OF 1860 

The law which provided for the printing of the Revision 
of 1860 was approved on April 3, I860. 151 By this act the 
Governor, Secretary of State, Auditor of State, Treasurer 
of State, and Charles Ben Darwin were appointed a com- 
mission to contract for the printing of the work which was 

i to be known as the "Revised Statutes, of Iowa". The law 
further provided that this volume should 1 ' contain all laws 
of the State of a general nature in force, or provided for by 
the present General Assembly, to be in force during its 
present session and subsequent to its adjournment". One 
of the provisions prohibited the letting of the contract to 
any "person or persons who are not bona fide residents of 

1 the State of Iowa". 152 

! Section two of this act refers to a matter which gave rise 
to some newspaper comment at the time. It reads : 

The Commissioners hereby appointed shall contract for the print- 
i ing at the end of each chapter of said volume a synopsis, prepared 
I by Charles Ben Darwin, of all prior laws on the same subject, be- 
ginning with those of the State of Michigan, which are in force in 
the State of Iowa, and continuing down to the present time, stating 
when each took effect, and when it was repealed, and referring to 
the book and pages where the original acts are found ; also, giving 
notes and references under each chapter, to all decisions made by 
I the Supreme Court of this State, on the same or any prior law of 
the same kind ; also giving notes and references to the decisions of 
the highest Courts of those States, from whose laws sections of the 
Code of civil practice have been taken ; also to contain an index to 
the contents of the volume. And the Contractor for such printing 
shall furnish at his own expense the said synopsis notes and refer- 
ences ; Provided, said notes and references shall not add more than 
twenty-five cents to the cost of each volume of said book, exclusive 
of material and printing. 153 i 

151 Laws of Iowa, 1860, p. 119. 

152 Laws of Iowa, 1860, p. 120. 

153 Laws of Iowa, 1860, Section 2, p. 120. 



346 IOWA JOURNAL OF HISTORY AND POLITICS 



This provision caused considerable criticism. It appears 
that prior to his appointment to the Code Commission, Mr. 
Darwin had prepared a synopsis of the Iowa laws and had 
made arrangements with Mr. Corse of Burlington for its 
publication. When he was appointed to the Code Commis- 
sion, however, this project was dropped by Mr. Darwin. 
Corse and Canfield, a publishing firm, approached Mr. 
Darwin during the latter part of the session of the Eighth 
General Assembly and secured this material, consisting 
of the synopsis of laws and annotations to code sections, on 
"certain contingencies". Desiring to reimburse himself 
for the outlay in purchasing books and preparing this ma- 
terial, Mr. Darwin accepted the offer of Corse and Can- 
field. 154 

Certain printers and publishers in the State thought that 
such an act was an attempt on the part of Darwin, and 
Corse and Canfield, to compel the legislature to purchase 
the notes and award the contract for printing the Code to 
Corse and Canfield, and some very caustic comments were 
published. Editor John Teesdale of the Daily Iowa State 
Register declared: 

It is rumored that Mr. Darwin has disposed of his work to 
Messrs. Corse and Canfield, and that that fact is now pressed as an 
irresistible reason for giving the publication of the Code to those 
gentlemen. This looks very mnch like an effort to force the Legis- 
lature to terms — to induce it to an act of great injustice to an 
officer of whom it requires the establishment of an office at the 
Capitol, and a preparation to do his work. . . . The scheme 
they have devised, may be a very shrewd one ; but they will find that 
the Legislature is not to be forced into giving them a piece of work, 
upon which they have not the shadow of a claim ; nor yet into the 
payment of an exorbitant price for matter that can be dispensed 
with, without detracting from the value of the new code. 155 

The Daily Iowa State Register (Des Moines), Vol. I, No. 54, Saturday, 
March 10, 1860. 

i»« The Daily Iowa State Register (Des Moines), Vol. I, No. 52, Thursday, 
March 8, 1860. 



HISTORY OF THE CODES OP IOWA LAW 347 



A correspondent to the Burlington Hawk-Eye wrote from 
Des Moines as follows : 

I notice some lobbying for the printing of the new Code. Several 
propositions have already been made. But it seems to me that any 
attempt of this kind, on the part of the State to speculate out of the 
copy right of her laws, will prove alike unprofitable to the State 
and disreputable to her honor. 

..... The idea that Mr. Darwin desires some man elsewhere 
to print it, is too frivolous for consideration, for in this matter he 
occupies no other position than a citizen, and the work of digestry 
of the decisions of the courts on our Statutes can be performed by 
several other lawyers, nearly as well, perhaps, as by Mr. Darwin. 156 

The act provided that the cost of the volume should not 
exceed $2.50 per copy and that the work should be com- 
pleted within six months from the time the superintendent 
of the publication should notify the contractor of his readi- 
ness to superintend the work. 157 

Another act concerning the publication of the Revision of 
1860 was approved on April 2, 1860. By this act C. Ben 
Darwin was made the Superintendent of Eevision and was 
instructed "to incorporate, by proper revision, into the re- 
vision prepared by him, .... all the laws of a gen- 
eral nature passed at this Session, to the end that the 
volume .... shall contain, when published, all the 
laws of a general nature which shall be of force in this 
State, when the laws of this Session have taken effect." 158 

The act also called for the publication of 10,000 copies of 
the Revision of 1860 and 3000 copies of the session laws 
which were not to be included in the Revision. The ar- 
rangement prescribed was the same as in the Code of 1851 

156 The Burlington Weekly Hawk-Eye, Saturday, March 10, 1860. Another 
article of this nature can be found in The Iowa State Register (Des Moines), 
Vol. V, No. 5, Wednesday, March 14, 1860, entitled Patriotism and Persever- 
ance Under Difficulties. 

157 Laws of Iowa, 1860, p. 121. 

iss Laws of Iowa, 1860, pp. 122-125. 



348 IOWA JOURNAL OF HISTORY AND POLITICS 



and the matter included in the appendix of the Code of 1851 
was also ordered to be published. For this editorial work, 
Mr. Darwin was to receive $1000 and he was also allowed 
a clerk at $3.00 per day. The Secretary of State received ! 
$1500 for the purpose of distributing the completed work. 

The five commissioners appointed to superintend the 
printing advertised for bids and the successful bidder was 
John Teesdale, the State Printer and editor of The Iowa 
Citizen and the Daily Iowa State Register of Des Moines. 159 
The bids were opened on the 23rd of April, 1860, and the 
contract awarded to the lowest bidder. 160 There were 
eleven bidders for the contract, but the proposition of Mr. 
Teesdale was accepted, the contract price being $1.95 per 
volume. 161 

159 This advertisement is to be found in The Iowa State Begister (Des 
Moines), Vol. V, No. 9, Wednesday, April 11, 1860. 

160 The Iowa State Begister (Des Moines), Vol. V, No. 11, Wednesday, April 
25, 1860. In an article in the same paper on April 11, 1860, entitled The j 
Legislature — Its Doings, fyc, Mr. Teesdale has the following to say in regard 

to the action of the legislature in allowing the work to be contracted for : 

' ' The Code takes effect on the 1st of September. Six months are allowed to 
the printer and binder for its publication. Contrary to all precedent and in 
manifest violation of the law creating the office of State Printer, — which 
secures to him all the State Printing, and requires him to provide for the 
execution of the same — the Census Board are authorized to contract for the 
Printing of the Code, and to let it out to other parties than the State Printer j 
and Binder, if they see proper so to do. We cannot anticipate their action, but 
we know that they will not willingly be a party to the perpetration of a wrong. 
. . . It will take the contractor some time to prepare for his work, and the 
revisor will require time to prepare his matter, so that it will be next to im- 
possible to complete the publication of the Code in less than 8 months from the 
present time. — The failure of the Legislature to provide for the publication of 
the general laws, will cause much vexation and denunciation. The laws take 
effect in July, but they will not be published in book form, until several months 
afterwards. We mention these facts to avoid misapprehension, and that it may I 
be understood the fault of such delay is not ours. The only laws we are 
authorized to print, are those not to be embraced in the Code. . They will be 
out in due time." 

J«i The Iowa State Begister (Des Moines), Vol. V, No. 11, Wednesday, April 
25, 1860. 



HISTORY OF THE CODES OF IOWA LAW 349 



In order to perform the work within the time prescribed 
by the law, it was necessary to send the work out of the 
State, and the printing and binding was done by Case, Lock- 
wood & Co., of Hartford, Connecticut, under the direct 
supervision of Mr. C. Ben Darwin. 162 The work was com- 
pleted by the middle of September, 1860, and in speaking of 
the completion of the volume Editor Teesdale declared : 

It affords us pleasure to state that the printing of the Code has 
been completed, and Mr. Darwin arrived in this city with the first 
bound copy, several days since. The delivery of the books will 
commence as fast as they can be issued from the bindery at Hart- 
ford ; which will be at the rate of 300 copies per day. The work is 
well done, and the book will be an ornament to the law libraries of 
the State. We have thus not only fulfilled our contract with the 
State, but secured a completion of the work nearly three months in 
advance of the requisitions of the law. A desire to ensure this re- 
sult, and thus meet what seemed to be an imperious public necessity, 
i is our sole reason for sending the work out of the State. 163 

Very little is to be found in the newspapers concerning 
the Revision of 1860 after its appearance. Grave political 
I issues were before the people and local issues and affairs 
were of minor interest. 164 

162 The Iowa State Register (Des Moines), Vol. V, No. 18, Wednesday, June 
13, 1860. "Mr. Darwin is at Hartford, Conn., superintending the printing of 
the Code, at the extensive book printing establishment of Case, Lockwood & Co. 
He prepared all his matter before leaving this city, so that there will be no delay 
in the execution of the work. ' ' 

163 The Iowa State Register (Des Moines), Vol. V, No. 32, Wednesday, Sep- 
tember 19, 1860. 

164 The following newspaper articles bear on the Code and the reports of the 
Commissioners: The New Code in The Clinton Herald, Saturday, February 25, 

1 and Saturday, March 10, 1860; Capital Correspondence of March 3, 1860, in 
[ The Cedar Valley Times (Cedar Eapids), Thursday, March 15, 1860; Letters 
from the Capital in The Vinton Eagle, Tuesday, February 21, and Tuesday, 
March 13, 1860; The Revised Laws in The Washington Press (Washington, 
Iowa), Vol. IV, No. 48, Wednesday, April 18, 1860. In The Iowa Weekly 
Citizen (Des Moines), are the following articles: Revision of the Laws, Wednes- 
day, February 3, 1858; Revision of the Code, Wednesday, February 10, and 
Wednesday, February 17, 1858. The Burlington Weekly Haivk-Eye contains: 



1 



350 IOWA JOURNAL OF HISTORY AND POLITICS 



CHAKACTEK AND CONTENTS OF THE REVISION OF 1860 165 

The Revision of 1860 is a quarto sized volume of 1160 
pages and is divided into 247 chapters of 5198 sections. 
The contents are divided into four parts which correspond 
to the classification in the Code of 1851. The title page of 
this Code reads as follows : 

REVISION OF 1860, 
CONTAINING ALL THE 
STATUTES OF A GENERAL NATURE 
OF THE 

STATE OF IOWA, 

WHICH ARE NOW IN FORCE, OR TO BE IN FORCE, AS THE 
RESULT OF THE LEGISLATION 
OF THE 

EIGHTH GENERAL ASSEMBLY. 



PUBLISHED BY VIRTUE OF CHAPTERS 158 AND 160, OF THE ACTS OF THE EIGHTH 
GENERAL ASSEMBLY OF THE STATE OF IOWA. 



DES MOINES, IOWA: 
JOHN TEESDALE, STATE PRINTER. 
1860. 

Most of the new features embodied in the Revision of 
1860 are to be found in parts three and four, since parts one 

The Proposed Code of Civil Practice, Saturday, February 11, 1860; The New 
Code of Civil Practice and Notes, Saturday, March 17, 1860; Capital Cor- 
respondence, on Saturdays, February 18, March 3, 10, 17, 24, and April 7, 
1860; and an editorial on the printing of the Code on Saturday, March 17, 
1860. In The Daily Iowa State Register, Des Moines, are the following 
articles: The Legislature, Monday, January 23, 1860; Progress of Legislation, 
Thursday, February 16, 1860; Verification, Wednesday, February 22, 1860; 
Legislative, Saturday, February 25, 1860; What the New Code does About 
Equity Practice, Saturday, February 25, 1860; A Word on the Progress of 
Legal Reform, Monday, February 27, 1860; The Printing of the Code, Thurs- 
day, March 8, 1860; Patriotism and Perseverance Under Difficulties, Monthly, 
March 12, 1860. 

165 The copy of the Revision of 1860 used by the writer in the preparation 
of this article was presented to the State Historical Society of Iowa by Mrs. 



HISTORY OF THE CODES OF IOWA LAW 351 



and two were simply revised. But even in parts one and 
two many new statutes are to be found which were lacking 
in the Code of 1851. The Register of the State Lands 166 
and the Supreme Court Reporter are to be found as new 
State officials, 167 and the office of Attorney General appears 
in the Revision of 1860 for the first time in a code of Iowa 
law. 168 The same is true of the office of State Binder. 169 
Among the other new features to be found in part one are 
the provisions for the Geological Survey of the State 170 and 
"an act requiring complete Reports from Officers in charge 
of State Buildings and State Institutions." 171 

It must not be understood that all of the above provisions 
appear for the first time in the Revision of 1860. All 
changes in parts one and two were passed as acts of the 
legislature and were printed with the laws of the various 
sessions, but they appear for the first time in a code in the 
Revision of 1860. 

Great changes are to be found in the chapter on "County 
Judge", the most important of which, perhaps, is the act 
creating a Board of Supervisors. 172 Likewise, in the chap- 
ter on "Swamp Lands" may be discovered many laws 
passed at various times upon this important subject. 178 
Chapter 45 relates to "Revenue" and appears for the first 
time in the Revision of 1860. 174: This act consists of one 

Samuel J. Kirkwood and was from the library of the late War Governor. 
Samuel J. Kirkwood was the chief executive of Iowa when the Bevision of 1860 
was prepared. 

166 Bevision of 1860, Chap. 9, pp. 18-21. 

167 Bevision of 1860, Chap. 10, pp. 21-23. 

168 Bevision of 1860, Chap. 11, pp. 23, 24. 

169 Bevision of 1860, Chap. 13, pp. 28-30. 

170 Bevision of I860, Chap. 14, pp. 30, 31. 

171 Bevision of 1860, Chap. 17, p. 35. 

172 Bevision of 1860, Sections 302-326, pp. 48-53. 

173 Bevision of 1860, Chap. 47, pp. 147-160. 

174 Bevision of 1860, Chap. 45, pp. 108-132. 



352 IOWA JOURNAL OF HISTORY AND POLITICS 



hundred and eight sections and was considered to be one of 
the most important acts of the Eighth General Assembly. 175 
Another important financial measure was the act passed in 
1858 creating the State Bank of Iowa. 176 A State Agri- 
cultural College and Farm was also established by an act 
passed in 1858. 177 In short, the great progress along all 
lines in the State during the ten previous years reflects 
itself in the Revision of I860. 178 

Under the title ' 1 Of Education" may be found certain of 
the laws of the Board of Education. 179 The school laws 
occupy a large section of the Revision of 1860 and were one 
of the important issues at this time. 180 

Very little change is to be found in part two, which con- 
tains substantive law, since such rights remain to a certain 
degree fixed, requiring less change than other laws. The 
revision of this part was evidently an easy task, and an 
examination reveals comparatively few changes. 

Part three embraces the 6 i Code of Civil Practice At Law 
and In Equity" and contains much material not found in 
the Code of 1851, though it is based primarily on the earlier 
work. 181 This part is not divided into titles as was part 
three of the Code of 1851, 182 but is placed in chapters, the 
first of which was copied from the laws of Kentucky and 

175 Gue 's History of Iowa, Vol. II, p. 32. 

176 Bevision of 1860, Chap. 66, pp. 281-297. 

177 Bevision of 1860, pp. 300-304. 

178 This is shown by the acts providing for insurance companies, State Bank, j 
etc. 

179 Bevision of 1860, Title XIV, pp. 342-378. The acts of the Board of Edu- 
cation had the effect of law. — Constitution of 1857, Art. IX, Sec. 7. See Be- 
vision of 1860, p. 1001. The enacting clause of such laws was "Be it enacted 
by the Board of Education of the State of Iowa. ' ' 

iso See note 12 above. 

i«i Bevision of 1860, p. 439. 

182 Bevision of 1860, note, p. 439. 



HISTORY OF THE CODES OF IOWA LAW 353 



contains the "preliminary provisions". 183 Section 2620 
provides for uniformity of procedure in both law and equity 
and is one of the distinctive features of this Code. 184 The 
liberality allowed in pleadings is clearly expressed in the 
following section : 

The rule of the common law that statutes in derogation thereof 
are to be strictly construed, has no application to this code. The 
provisions and all proceedings under it, shall be liberally construed 
with a view to promote its object and assist the parties in obtaining 
justice. 185 

Another new feature of part three is section 2675, which 
makes the following provision: 

In 1860, and every sixth year thereafter, there shall be appointed 
by the governor, by and with the consent of the senate, three com- 
missioners of legal inquiry, who shall hold their office for six years, 
and any vacancy, by resignation or otherwise, may be filled by the 
governor, subject to the approval of the senate then, or next to be 
in session. 186 

The Governor placed the Code Commissioners, William 
Smyth, W. T. Barker, and Charles Ben Darwin, upon this 
Commission, but no report was ever made by these gentle- 
men concerning the laws of Iowa. 187 

183 Revision of 1860, Chap. 108, note, p. 439. 
is* Revision of I860, p. 450. 

185 Revision of 1860, Section 2622, p. 454. 

One new section which came in for some criticism was section 3991, which 
reads : ' ' The general moral character of a witness may be proved for the pur- 
poses of testing his credibility. ' ' A correspondent to The Cedar Valley Times 
(Cedar Eapids), Thursday, March 15, 1860, declared: "But this proposed re- 
form, allowing the moral character of a witness to be proven, to test his credi- 
bility, is in advance of anything yet proposed. ... I look on this as a 
pernicious provision and one that ought not to pass, ' ' 

186 Revision of 1860, Section 2675, p. 469. See also note on p. 469. 

1 87 In his first biennial message on January 8, 1866, Governor William Milo 
Stone speaks of the Commissioners of Legal Inquiry in the following terms: 

"I recommend that you constitute the judges of the Supreme Court ' Com- 
missioners of Legal Inquiry' in place of those contemplated by section 2675 
Rev. 1860, making it their duty at the close of each regular term to report 



354 IOWA JOURNAL OF HISTORY AND POLITICS 



Part four is divided into two main sections. The first is 
taken, with very few changes, from the Code of 1851 and 
defines the various crimes, with the punishment prescribed 
for each. The second part is the "Code of Criminal Prac- 
tice", prepared by Judge William Smyth. 188 The greater 
part of this act was entirely rewritten, but many sections 
from the Code of 1851 have been kept intact. 189 The last I 
chapter of the fourth part was not embraced in Judge 
Smyth's revision, as it concerned "The penitentiary of the 
State, and the government and discipline thereof." 190 

At the close of each chapter the compiler has placed a list 
of all prior laws relating to the contents of such chapter 
passed in the Territories of Michigan and Wisconsin, or in 
the Territory and State of Iowa. There also appear, in 
addition to the "prior laws", the decisions of the Iowa 
courts interpreting or referring to the chapter. The sec- 
tions taken from the Code of 1851 are enclosed in marks of i 
parenthesis. Where the act has been revised merely, the j 
act of the legislature has often been made a part of the 
chapter revised. 

In parts three and four the notes to the various sections 

fully to the Governor, and also the General Assembly at each regular session, 
upon any discrepancies or imperfections in the general statutes and code of 
procedure. These duties should be made imperative, and compensation pro- 
vided. This is not now the case, and as a consequence no report of Commission- 
ers of Legal Inquiry has ever been submitted. The trust is one of such deli- 
cacy and responsibility, that it would be appropriate to confer it upon those 
who hold the highest judicial position in the State. In this way we will be 
gradually enabled to systematize and perfect our laws and code of practice, 
civil and criminal, at the same time that we raise the pay of the Supreme 
Bench by constitutional means to something near a proper compensatory stand- 
ard. ' ' — Shambaugh 's Messages and Proclamations of the Governors of Iowa, 
Vol. Ill, p. 55. However, a report of this commission may be found at a later 
date in Senate Journal, 1870, p. 237. 
188 Revision of 1860, note, p. 758. 

188 Sections taken from the Code of 1851 have their number in the earlier 
work enclosed in parentheses, as "sec. 4442(2773) 
ioo Revision of 1860, Chap. 247, pp. 855-867. 



HISTORY OF THE CODES OF IOWA LAW 355 



include the greater part of the reports of the Code Commis- 
sioners. This was done partly in explanation of the sec- 
tions and partly because of the fact that the reports were 
very scarce and difficult to secure. 191 The Code Editor, Mr. 
Darwin, also included the decisions of the courts of other 
States upon sections which were similar to the sections in 
part three ; and wherever necessary, he inserted references 
to the codes or digests of other States when sections had 
been taken therefrom and placed in the Iowa Code. 192 

In the Appendix there are printed the various documents 
found in the appendix to the Code of 1851, and in addition 
the "New Constitution of Iowa'' and certain acts passed by 
the legislature. 193 A great many of these acts refer to the 
Des Moines River Lands and were passed at various ses- 
sions other than at the Eighth General Assembly. 194 Con- 
cerning the arrangement of the laws in the Appendix Mr. 
I Darwin says: "Several laws are placed in this Appendix 
I which would have been placed in some other order could it 
have been known before printing too far that there would 
be room for them in the book." 195 

COMMENTS ON THE EE VISION" OF 1860 

There does not seem to have been any wide-spread crit- 
icism of the Revision of 1860. The work appears to have 
been done in great haste and the arrangement of the legisla- 
tive acts may well be criticised. But the War of the Ee~ 
bellion followed so closely after the appearance of the 
Revision that it was overlooked in the general turmoil. 

191 Revision of 1860, note, p. 758; also note, p. 440. 

192 As examples of such notes and references, see Revision of 1860, pp. 500, 
j 509, 510-514. 

193 There is a total of twenty-five documents included in the Appendix. — Re- 
vision of 1860, Preface, p. xix, xx. 

194 Revision of 1860, pp. 889-916. 

195 Revision of 1860, note, p. 869. 



356 IOWA JOURNAL OF HISTORY AND POLITICS 



When, however, the Code Commissioners of the Code of 
1873 had occasion to offer remarks they reported as follows : 

To offer any criticism here upon the execution of that Revision 
would be foreign to our purpose, and ungracious ; but we may prop- 
erly remark that the chief objections to that volume are founded on 
the method itself, as detailed in this quotation. [Revision of 1860, 
Preface, p. v.] Without verbal changes, and many of them, it is 
impossible to bring a large number of acts, passed at different times, 
with no unity or plan of purpose, into a harmonious system ; or to 
escape the necessity of retaining the separate titles, rubrics, numbers 
and dates of the single acts, which do so much to confuse the general 
and even the professional reader in these parts of the Revision of 
1860. It was, no doubt, with a full appreciation of this fact that the 
present Commission was instructed not only to " revise," and 
"arrange," but also to "rewrite" the statutes before us. 196 

In regard to the feature of uniformity of procedure, Mr. 
Justice William Miller, in the preface to one of his works on 
pleading and practice declares : 

The necessity for a work of this character suggested itself to the j 
author several years ago, indeed soon after the enactment of the 
Revision of 1860. 

The Code of 1851, whatever may have been the intention of its 
authors and of the legislators, did not entirely cut loose from the 
old rules and principles of pleading and practice, known in common 
law and chancery proceedings, and provide a new system of its own J 
— simple, complete and perfect. This the Revision professes to do. 
It gives us a uniform system of procedure in all actions, excepting 
as to the mode of trial and the manner of producing the evidence in 
equitable actions — properly so called. 

Notwithstanding this was the object of the Revision, it is well 
known that we are far from having uniformity in actual practice 
under its provisions. By a comparison of the pleadings in actions I 
in one part of the State with those in another, it will be found that 
the differences under the same system are wide and radical. While j! 
some lawyers follow the substance of the old common law forms, | 
others adopt the forms of the old chancery pleaders, alleging all the j 

i0fi Report of Commissioners to Revise the Statutes, 1871, pp. 5, 6. 



HISTORY OF THE CODES OF IOWA LAW 357 



facts, the evidence to prove them, allegations of information and 
belief, arguments and legal conclusions. 

Believing the design of the civil practice act to be the complete 
abolishment of both the old systems as such, and the establishment 
of a new one radically different, and founded in good sense and 
practical wisdom, I became impressed with the idea that a treatise 
devoted to the practical elucidation of the new system would tend 
to promote the object of the legislature, in its enactment, secure 
greater uniformity in the pleadings and proceedings in civil actions, 
and be of benefit and general convenience to the practicing lawyer, 
besides , supplying the wants of that class who are engaged in pre- 
paring themselves to enter the profession. For these reasons, and 
seeing the field unoccupied, I felt myself justified in the under- 
taking. 197 

SUBSEQUENT LEGISLATION 

There was not much subsequent legislation relative to 
( the Revision of 1860. The Ninth General Assembly passed 
; two acts making amendments to various sections in the Code 
i of Civil Practice. 198 In the Tenth General Assembly an 
effort was made to sell the Revision of 1860 at the price of 
$1.50, but the Committee on Ways and Means defeated the 
measure by reporting unfavorably thereon. 199 

In 1866 Mr. W. S. M. Abbott of Adel introduced a bill 
u to organize a commission to revise the laws on the sub- 
ject of county and township government ' but this bill was 
reported on unfavorably by the Committee on County and 
Township Government to which it had been referred, and 
consideration of it was dropped. 200 

During the session of 1868 there were a large number of 
amendments proposed to the Revision of 1860 and this fact 
served as a notice that a new codification of the laws of 

197 Miller's A Treatise on Pleading and Practice, 1868, Preface, pp. 3, 4. 

198 Laws of Iowa, 1862, pp. 173, 229-231. See also House Journal, 1862, pp. 
732, 734. 

199 House Journal, 1864, pp. 283, 327. 

200 House Journal, 1866, pp. 256, 380. ? 

vol. x — 23 



358 IOWA JOURNAL OF HISTORY AND POLITICS 



Iowa would soon be needed. 201 Action in response to this 
need was taken in 1870 by the Thirteenth General As- 
sembly in appointing a commission to revise the statutes. 202 

THE MILLS BKOTHEKS CODE 

The Codes of Civil and Criminal Procedure were to take 
effect on September 1, I860, 203 but it was found early in the 
year that it would be impossible to have the Revision of 1860 
printed and distributed by that time. Consequently, Mills 
Brothers, publishers and printers at Des Moines, got out 
an octavo sized volume of three hundred and forty-six pages 
containing these two acts. The title page of this volume 
reads : 

CODE 

OF 

CIVIL AND CRIMINAL PRACTICE, 

AS PASSED BY THE 
EIGHTH GENERAL ASSEMBLY 
OF THE 

STATE OF IOWA, 

APPROVED MARCH 29 AND 30, A. D. 1860. 



DES MOINES, IOWA, 
MILLS BROTHERS, CALORIC PRINTERS, 
COURT AVENUE. 
1860. 

This volume was published in May, 1860, and the reasons j 
for its issuance are fully stated in the "Introductory" j 
statement. In part it reads : 

As the New Code of Civil and Criminal Practice, adopted at the I 

*oi An idea of the number of amendments offered can be gained by looking 1 
in the House Journal, 1868, at pp. 793 and 813, and in the Senate Journal, 
1868, at pp. 615 and 636. 

202 Laws of Iowa, 1870, pp. 75, 76. 

203 Revision of 1860, Section 4171, p. 715; also Section 4424, p. 759. 



HISTORY OF THE CODES OF IOWA LAW 359 

recent Session of the General Assembly, will take effect some months 
before that volume is regularly published by the State, and in view 
of the immediate importance to Attorneys, Justices and County 
Officers, that they should have time and opportunity to become 
familiar with the new regulations governing the proceedings of 
Courts, which are entirely different from the present system of 
practice — the undersigned, at the earnest solicitation of many 
Attorneys, determined upon issuing a limited number of copies of 
this volume, in order to supply the present demand. 

These Practice Acts have been prepared by a Commission selected 
from our most able jurists, and are considered equal if not superior 
to the Statutes of any State in the Union. To show the estimation 
in which they were held by the General Assembly, it is only neces- 
sary to state that they were adopted as originally reported to that 
body with but few amendments. 204 

Honorable John A. Kasson of Des Moines prepared an 
index to this volume and the acts are certified by Elijah 
Sells, Secretary of State, to be correct copies of the original 
acts. 205 The book was sold for $2.50 per volume. 206 

GENEKAL LAWS FOE SUPEKVISOES AND TOWNSHIP OFFICERS 

In addition to the two volumes already described there 
l was published a third volume which contained the laws of 
Iowa on certain subjects. By an act approved on the 2nd 
day of April, 1860, it was ordered : 

That the Census Board of the State shall as soon as practicable 
after the adjournment of this session of the General Assembly, cause 
to be printed by the State Printer, fifteen thousand copies of a vol- 
ume, in pamphlet form, containing all the general laws of this 
State pertaining to the duties of the Board of Supervisors, Super- 
visors of roads, Township Trustees, and other Township officers, 
together with such practical forms and suggestions as the Board 
I may deem necessary. 207 

204 Code of Civil and Criminal Practice, p. 3. 

205 Code of Civil and Criminal Practice, Explanatory statement. 

206 See The Iowa State Begister, Des Moines, Vol. V, No. 14, May 16, 1860; 
and The Tipton Advertiser, Vol. VII, No. 16, April 19, 1860. 

207 Laws of Iowa, 1860, pp. 84, 85. 



360 IOWA JOURNAL OF HISTORY AND POLITICS 



The title page of this volume, which contains four hun- 
dred and fifty-six pages, is as follows : 

GENERAL LAWS 

OF 

THE STATE OF IOWA, 
RELATING TO THE DUTIES OF THE 

BOARD OF SUPERVISORS AND TOWNSHIP OFFICERS, 

INCLUDING 

CIVIL AND CRIMINAL PROCEDURE IN JUSTICES' COURTS. 

PRINTED BY AUTHORITY OF THE EIGHTH GENERAL ASSEMBLY, UNDER THE 
SUPERVISION OF THE CENSUS BOARD OF THE STATE. 



Samuel J. Kirkwood, Governor, 

Elijah Sells, Secretary of State, ^. Census Boarix 
J. W. Cattell, Auditor of State, 
John W. Jones, Treasurer of State, 



des MOINES: 
JOHN TEESDALE, STATE PRINTER. 
1860. 

The creation of the County Board of Supervisors, who 
were to exercise all powers of a legislative and adminis- 
trative character in the county, was the principal reason 
for publishing this book. 208 It was the purpose of the book 
to lay before county and township officers the changes in 
the laws which affected local affairs. 

The book is divided into two parts, the first dealing with j 
county and township affairs, while the second part deals i 
with "Justices and Justices ' Courts", prescribing the j 
method of procedure in both civil and criminal actions. 1 
Any section in the work can be easily referred to, as there 
is a complete table of contents and an extensive index. 
Each chapter is also supplied with head notes and in the 

208 General Laws for Supervisors and Township Officers, 1860, Preface, p. iii- 



HISTORY OF THE CODES OF IOWA LAW 361 



margins are reference notes, telling from what section of 
the original act the particular section was taken. There are 
also various forms to be found in the book for the guidance 
of county and township officers in the performance of their 
duties. 

This work appeared some time before the Revision of 
1860, and consequently the contents were taken directly 
from the original acts. 209 Mr. Thomas F. Wi throw and 
Mr. S. V. White of the Des Moines bar aided the Census 
Board in "the collection and arrangement of the material", 
and Mr. White prepared the forms in part two. 210 

It is impossible to state the value to the State of this 
publication. The Revision of 1860, containing all the law, 
appeared soon after this work, and no references to this 
smaller collection of statutes appear to have been made. 

CONCLUSIONS 

The Revision of 1860 was adopted in portions. Parts one 
and two, were simply collections of statutes passed at vari- 
ous sessions of the General Assembly. Part three was ap- 
proved on March 20, I860, 211 and the Code of Criminal Pro- 
cedure on March 30, I860. 212 These latter parts took effect 
on September 1, I860. 213 The Revision of 1860 remained 
in force until displaced by the Code of 1873, although many 
sections were amended by the legislature during the inter- 
vening period. 

The Revision of 1860 is not a high class piece of work 
mechanically. It shows a haste in preparation that is to be 
deplored in a volume that is intended to serve as the guide 
to the laws of a Commonwealth. Nor are the materials used 

209 General Laws for Supervisors and Township Officers, 1860, Preface, p. iv. 

21 General Laws for Supervisors and Township Officers, 1860, Preface, p. iv. 

211 Revision of 1860, p. 717. 

212 Revision of 1860, p. 854. 

213 See note 203 above. 



362 IOWA JOURNAL OF HISTORY AND POLITICS 



of the quality that is demanded in a work of this character. 
The arrangement of the laws, also, leaves much to be de- 
sired. The notes and references, though of some value, 
could, perhaps, as easily and as well have been left out. 214 
The reprinting of the reports of the Code Commissioners 
does not appear to have been of any practical value and 
makes the book appear in places more like a text book on the i 
laws than the laws themselves. The Commissioners, how- 
ever, were not alone at fault. The legislature is to blame 
for the enactment of the law in the form in which it appears. 
Under such an act the Commissioners could not make a 
harmonious revision. In order to reconcile statutes passed 
at different times and relating to the same subject it is 
almost a necessity that the reviser be allowed to make 
changes in the phraseology, but according to the interpreta- 
tion put on the act by the Commissioners, they were not ! 
authorized to do this. Consequently the Revision of 1860 
is in part simply a compilation ; and in part, a revision and 1 
codification of the laws. 

It also appears that the legislature insisted on haste and 
the result was only natural, that the Revision of 1860 is not 
a work that measures up to the standard of the other codes 
of Iowa statute law. 

Clifford Powell 

The State Historical Society op Iowa 
Iowa City 

2i4 The Eevision of 1860 contains good marginal references, however, and an J 
excellent index covering 153 pages. 



DIARY OF A JOURNEY FROM THE NETHERLANDS 



TO PELLA IOWA IN 1849 

TRANSLATED FROM THE DUTCH BY JACOB VAN DER ZEE 

[John Hospers, the writer of the diary of which the following is a trans- 
lation from the Dutch language, was born at Amsterdam, The Netherlands, on 
the 30th of August, 1801. He taught school from an early age until he emi- 
grated with his family and scores of other Hollanders to the State of Iowa y 
where in the year 1847 several hundreds of his fellow-countrymen under the 
leadership of Rev. Henry Peter Scholte had established Pella in Marion County. 

The reason which moved Hospers to seek American shores was later expressed 
by himself in a brief autobiography as follows: 

"In all my positions the Lord had furnished me a liberal income and liveli- 
hood. . . . When I made busy to emigrate to America, everybody ex- 
pressed surprise and asked why I should go, I who was so well-to-do and so 
generally esteemed. 

"I had an income more than sufficient to enable my family to live in a 
respectable manner, but inasmuch as I laid most stress on the education and 
training of the youth, I could not bear to see the Bible kept out of the schools 
and education no longer Christian.! And although God's Word had never been 
excluded from my school, and the instruction — however defective — had been 
presented in a Christian way so far as I could, since the inspector of my school, 
Haefkens, never personally forbade me, I knew nevertheless what his orders 
were, and therefore I preferred to remove to a free country where I could 
worship my God unhindered according to the dictates of my conscience. 

"My desire to emigrate was increased also by social relations with true 
Christian people who were rare in that day. In the winter of 1848-1849 A. C. 
Kuyper, J. Maasdam, and myself united to act as a committee to promote a 
second exodus to North America. Kuyper had Rotterdam and vicinity; Maas- 
dam took Utrecht and North Holland; and I had South Holland, North Bra- 
bant, and Gelderland. ' ' 

Thanks are due to Mr. Nicholas Hospers of Pella, Iowa, for permission 
to read and use his father's autobiography and diary. — Translator. 

Tuesday, May 1, 1849. With regard to the Danish war- 
ships, I journeyed to Rotterdam from Hoog Blokland to 
inquire concerning the arrangements to be made in behalf 

1 This was one of the potent factors which led to the emigration of hun- 
dreds of Seceders from the State Church of Holland to Michigan and Iowa: 
they desired the doctrines of pure Calvinism in their churches and schools. 

363 



364 IOWA JOURNAL OF HISTORY AND POLITICS 



of all my fellow-passengers to Pella : whether to go by way 
of the English channel protected by Danish warships, or 
even to charter an American ship, or to sail by way of 
Havre. Learned at Eotterdam that the vessel ' ' Franziska ' ' 
(of Bremen construction), Captain Hagedoorn, is sold to a 
Eussian firm and shall henceforth fly the Eussian flag, by 
which means international complications are rendered im- 
possible. 2 

Wednesday, May 2. With the aid of C. Timmermans, A. 
A. Hupmans, and Woutrina Sterk, the bedding which we 
slept upon during the night in the Blokland schoolhouse was 
fairly well packed up and then conveyed by wagon to 
Gorinchem. E. Aanen, burgomaster of Hoornaar, with his 
little covered wagon, and A. Aanen brought my family to 
the steamboat at Gorinchem, leaving Hoog Blokland at 4 | 
o'clock in the morning, a large number of people having 
assembled at that early hour. At half -past 5 o 'clock we left 
Gorinchem by steamboat. At Eotterdam women and chil- 
dren rode in cabs from the steamboat landing to the Danish, 
now Eussian, ship "Franziska". 

Thursday, May 3. Passed a fairly restful night in our 
strange abode. Everything is being done to make our so- 
journ on the ocean as pleasant as possible. At 11 o'clock 
p. m. the "Franziska" left the docks and put out to sea 
while we were asleep. 

Friday, May 4. Arrived at Hellevoetsluis at 2 or 3 
o'clock p. m. Here the captain called a roll of passengers, \ 
and as a result of the discovery that there were two more 
passengers than the number allowed, viz., 160, a second roll- I 
call was held on deck towards evening. Now it is perceived | 

2 The emigrants must have chartered this Danish sailing-vessel before Den- 
mark and Prussia got into difficulties over Schleswig-Holstein. The declaration 
of war seems to have frightened the Hollanders into anticipating some inter- I 
ference with their proposed journey. 



DIARY OF JOURNEY FROM HOLLAND TO IOWA 365 



that the transportation agents, Hudik and Blokhuizen, dealt 
very roguishly with us, with the result that the captain will 
have to take the two extra passengers into his cabin upon 
his own responsibility in New York, and for this we must 
pay eighty-five gulden for each of the two persons to the 
captain. With regard to this matter I have addressed to the 
agents a letter (which I shall give to the pilot to post), ask- 
ing them to send a draft for 170 gulden on their office at 
New York where we may recover on our arrival. "When the 
passengers had gone to sleep, I went out on deck and list- 
ened for the last time to the song of Holland's water night- 
ingales, otherwise known as frogs, and it is difficult to 
describe the emotion which now takes possession of me. 

BEGINNING OF THE OCEAN VOYAGE 

Saturday, May 5. At 3 :30 in the morning, the 6 ' Franz- 
iska" set sail. The voyagers were summoned early to ap- 
pear on deck, and there at the captain's request I read to 
them the ship's regulations for the preservation of order 
and cleanliness. We sailed with an east wind, slowly at 
first, but we soon lost sight of Holland: the wind grew 
stronger and we sailed three or four hours 3 in one hour. At 
about 11 o'clock p. m. we could see the lights of England 
and France. Very few people free from seasickness. 

Sunday, May 6. Strong, east wind : in the channel a dis- 
tance of five hours is covered in one hour. We see numerous 
ships, and at 4 o 'clock p. m. we catch sight of the chalk cliffs 
of England. General complaint about seasickness. Dif- 
ficulties have arisen with regard to the use of the cook's 
galleys, the maintenance of cleanliness, and the care of fire- 

3 This method of measuring distances is still quite common among the 
people of Europe : Walking at the rate of three miles an hour is a convenient 
unit. Hence " three or four hours" on land is nine or twelve miles per hour 
on sea. 



366 IOWA JOURNAL OF HISTORY AND POLITICS 



wood. 4 Religious exercises on deck led by Kuyper : Psalm 
1. A number of ships in sight. Birds follow and rest upon 
our ship. 

Monday, May 7. East wind, and rain. In the channel, at 
4 o'clock p. m., sight of the chalk cliffs of England. 

Tuesday, May 8. Wind southeast, nice weather. At nine 
o'clock in the Atlantic Ocean. The captain informs us that 
the water at Hellevoetsluis is green, farther out dark green, 
then blue, and in the Atlantic Ocean dark blue. Until to-day 
we have seen ships every day. While I am writing in the 
cabin, a little bird comes flying to me and sits sociably on 
my paper. 

Wednesday, May 9. Wind east-southeast, good headway. 
We see three or four swine fish. According to the mate's 
assertion, from 4 to 8 o'clock this morning we covered a 
distance of eighteen hours. At 4 o 'clock p. m. we are speed- 
ing along at the rate of 75 hours a day. The captain says 
that Rotterdam lies 900 German miles from New York, 
(2000 hours). We pass a large drifting beam. Last night j 
we passed three ships. 

Thursday, May 10. Wind southwest. Three ships in 
sight this morning: at 10 o'clock we have sailed past one; 
at 12 o'clock, the second; and in the afternoon the third. 
The "Franziska" overtakes everything she meets. 

Friday, May 11. Wind southwest; speed 90 hours a 
day, and we pass another ship. High seas, and a terrific | 
jolt jumbles up all the boxes in the ship. My ink-well is up- 
set and a cup of sago stains my little book. The passengers 
are becoming very seasick. Religious exercises in the after- ; 
noon, led by Maasdam. Afterward Kuyper catechises the 
children. 

4 The passengers prepared their own meals upon the ship's stoves, taking 
turns, and were responsible for the cleanliness of their own quarters. 



DIARY OF JOURNEY FROM HOLLAND TO IOWA 367 



Saturday, May 12. Wind west; very tempestuous sea, 
and seasickness increases rather than decreases : in general 
the passengers care very little for food. We are sailing far 
north and so the air is cold. 

Sunday, May 13. The captain says that we have finished 
one third of the journey, and are now sailing at 24° 8' longi- 
tude (Greenwich) and nearly 50° latitude. An English ship 
which we approach is hailed, whereupon she bears down on 
us full-sail, but upon seeing the Eussian flag, she pulls in 
her own flag and goes on. In the afternoon religious wor- 
ship below deck, on account of the rough, cold weather, led 
by Maasdam : 1 Cor. 10. 

Monday, May 14. Wind northwest. We are all suffering 
from seasickness or its effects. We are sailing nicely in 
good weather ; the sea too is fairly calm, so that almost all 
are again on deck. Gerrit has a fever. Upon invitation 
Maaike Hospers and Suzanna de Boer are sewing and darn- 
ing for the captain in his cabin, where they are pleasantly 
entertained. Father Middelkoop has a high fever. 

Tuesday, May 15. Father and Eva are suffering from 
diarrhoea, my wife too, while Peter Hendrik is recovering. 
Wind east, with rain. We are making good progress. The 
captain invites William H. into his cabin and gives him 
cookies. Father Middelkoop lies sick abed all day. Peter 
H. is improving a little. At 5 o 'clock in the morning we are 
awakened; the healthy men go out to scrub the deck; then 
sweet-water is distributed, a cup of tea is drunk, breakfast, 
common prayer in our part of the ship, reading, singing, 
and thanks. Every forenoon the ship is scrubbed and 
cleaned below deck by two men — a new shift each day — 
under the supervision of one of the three committeemen, 
A. C. Kuyper, J. Maasdam, and J. Hospers. 

Wednesday, May 16. Making good headway. There is 



368 IOWA JOURNAL OF HISTORY AND POLITICS 



much preaching from God's Word. Eeligious exercises 
every day as proposed are sometimes hindered by the wind 
and cold rains. To the prevailing seasickness one person 
has fallen a victim: a two-year-old child died last night at 
11 o'clock. First, Maaike van Gorp. 

Thursday , May 17. Ascension Day. Good headway. The 
Lord leads ns tenderly and with love. The second mate 
gives William H. handsful of prunes. Wind east, with rain, 
so that the ship pitches terribly; one can hardly make use 
of the cook's galley; and passengers must stay below. In 
the evening the captain comes to give me instructions as to 
letting the body overboard tomorrow morning at 7 o'clock, 
desiring that then the passengers be present : he would lead 
in prayer and we should sing a couple of stanzas. At the 
captain's request I notify all passengers. The body has 
already been wrapped and sewed in canvas by mate and 
seaman, and placed in the sloop which stands on deck. 

Friday, May 18. At 4 o'clock in the morning dies Cor- 
nelius Louwe, second, of Goeree, 34 years of age. At 7 
o'clock the passengers come out on deck; the first mate 
fastens the child's body to a canvas sack filled with stones 
and places the corpse on a board, which lies with one end 
resting on a cask and the other extending overboard. The 
captain stands at one end near the cask, reads solemnly in 
high-German, and then commands the seamen who stand 
on opposite sides of the board to let the corpse slide into the 
water. All stand with uncovered heads. At the captain's 
word Maasdam announces the singing of Psalm 103 : 8 and 
9. The solemnity is impressive. Storm in the evening; 
much commotion in the ship. 

Saturday, May 19. Strong west wind. Mighty waves, 
one of which comes to make us a visit in the ship. The 
captain notifies me to let the body of C. Louwe overboard 



DIARY OF JOURNEY FROM HOLLAND TO IOWA 369 



at half -past 2 o 'clock, and asks me for a prayer-book. After 
consultation with Maas dam and Kuyper we suggest to the 
captain that he read the 90th Psalm at the ceremony. The 
captain asks me to do so after the corpse is let down into 
the sea. This takes place at half-past two ; the people are 
gathered on deck ; the seamen are lined up on both sides of 
the plank which bears the body; the captain reads high- 
German; and then the corpse is delivered to the waves. 
Hospers then reads Psalm 90, and announces the singing of 
Psalm 89 : 19. Storm from the northwest. 

Sunday, May 20. Northwest storm. Numerous waves 
enter the ship; the rolling and pitching is violent; every- 
thing rumbles and jolts and tosses and breaks. Prayer- 
meeting in two groups. Great dejection reigns. Nothing 
can be cooked — only cold things to drink. Never in our 
life a more wretched Sunday.. The storm increases its fury 
as the darkness of night comes on. Sailors run on deck 
with knives in their hands to cut the ropes in case of ne- 
cessity. 

Monday, May 21. Wind northwest. Storm calms a little 
— fearful waves still rolling. 

Tuesday, May 22. Strong west wind. Since Saturday, 
May 12, the barber has not dared to shave us on account of 
the ship's rolling. At about 5 o'clock an English ship is 
hailed. The wind grows fiercer and fiercer. A. C. Kuyper 
wakens us all in the night on account of the heavy storm, 
whereupon a general awakening takes place in the ship. 
A. Kuyper offers up prayer in the midst of his family. 

Wednesday , May 23. Storm. The captain who has made 
50 voyages to America declares it noteworthy that we 
should meet with so many storms this time. We earnestly 
desire to find more contrition among the passengers. Klaas 
Vos, of Den Hitzerd, 54 years of age, dies. There are still 



370 IOWA JOURNAL OF HISTORY AND POLITICS 



sick people on board. Light cases of scarlet fever prevail, 
manifested especially in sore throats. 

Thursday, May 24. Fine weather, but cold. We are 
shaved. Now people come out to sit on deck. We ate pan- 
cakes, with good appetites. After I had, at the captain's 
request, notified all passengers of the ocean burial, the cere- 
mony took place at 2:30 o'clock — the people on deck, sail- 
ors bareheaded lined along the plank which bears the body, 
captain at the end, Hospers next to him. Captain reads in 
high-German, orders the corpse to be lowered, gives the 
word to Hospers who reads Psalm 12, and asks for the sing- 
ing of Psalm 39 : 3 and 4. The pleasant weather lures us out 
to smoke a pipe on deck. Father Middelkoop, Gerrit, and I 
are soon seated thus, conversing about Pella. I inspect the 
quarters below, where the captain burns chloride of lime 
for disinfection. 

Friday, May 25. A calm north wind with which we sail 
into the west. Towards evening we see near the ship thou- 
sands of creatures called lobes or dew-laps as large as big 
goose-eggs, striking out with their legs, of yellow, gray, and 
blue color. They are poisonous ; when one picks them up, 
one's hand will swell. They are not seen in the winter. 
Scarlet fever still prevails in a light degree : Keetje, Gelder, 
and Eva are not free. Father Middelkoop was on deck 
once more yesterday: he made pancakes on the cook's gal- 
ley, also pork and cheese cakes. 

Saturday, May 26. North wind, nice warm weather. The 
captain asks everybody to declare the number of boxes and 
amount of property. 

Sunday, May 27. Strong wind. All passengers remain 
below. Little progress. Keetje has scarlet fever. Klaas 
and Gelder too are not feeling fresh. Peter Hendrik is be- 
coming very thin and causes us much alarm. 



DIARY OF JOURNEY FROM HOLLAND TO IOWA 371 



Monday, May 28. Pentecost Week. Wind northwest. 
To-day we celebrated with C. van Andel the birthday of 
his father. To that end C. van Andel gave two bottles of 
wine, and we furnished thin little pancakes with currants. 

Tuesday, May 29. East wind — we are sailing straight 
towards America. Eain prevents us from staying on deck. 
Afternoon, strong west wind; at 10 o'clock p. m. the wind 
becomes favorable and the passengers who were still awake 
help the seamen with their sails. 

Wednesday, May 30. Wind west-northwest, nice weather. 
By order of the captain bedding is brought on deck and 
aired, while the floor is scrubbed and unusually well cleaned. 
In the afternoon I am called out to see a whale which I 
caught sight of twice. No matter how big and broad the 
ocean may be, the whale tells of his presence by spouting 
water about six yards high. Once I saw him at full length, 
which I cannot estimate, but he was large. 

Thursday, May 31. Last night a child of Anthony Klein 
died at the age of eighteen months. I told the mate, who 
had the body brought on deck by a sailor. Favorable north 
wind — good progress. As we sail along we express our 
surprise at the large number of sea birds which we see fly- 
ing every day, especially in the middle of the ocean, far 
distant from land. They are called sea-mews. Flying fishes 
were seen. 

Friday, June 1. Nice, calm weather. The ocean is 
smooth and shiny as a mirror. The little body was let over- 
ooard at 2 :30 — ceremony as usual. I read Eevelations 20, 
md we sang Psalm 89 : 19 ; Maasdam closed with prayer. 
About 4 or 5 o'clock we saw a few large fishes, dolphins, 
which pursued the birds. These fish swim so fast that the 
j)irds have difficulty in outstripping them. Then we saw 
hese robber fish with big, wide-open jaws leap high above 



372 IOWA JOURNAL OF HISTORY AND POLITICS 



water and attack the low-flying birds which, as from terror, 
appeared nnable to fly high. Thus we saw how swift-flying 
birds can fall a prey to the greedy, pursuing fish. 

Saturday, June 2. Strong south wind. What a differ- 
ence between the sea now and yesterday! Very rough — 
how the waves roll, how they foam; it is as if the sea were 
boiling. The foam flies and drifts or hovers upon the 
waves; the ship points skyward to descend immediately 
into the ocean trough, and then descends so suddenly with 
such violence that one cannot imagine it : one must experi- 
ence it ! Once a wave found its way over the top of a pro- 
tecting wall nearly five feet high, a visit which we did not 
desire — the ship pitches terribly, sometimes at 45 degrees. 
It is well that all things suitable for the purpose can be 
fastened. 

Most people stay below, only young people go out on deck 
to watch the seething ocean, and with all this I see no sign 
of fear. Indeed, I even hear someone below playing a flute, 
so accustomed a simple landlubber becomes to the foaming 
sea. In this colossal power of nature we perceive only the 
wonder of the Lord's handiwork, and the sea unchanged as 
at the creation. All of a sudden it becomes dead-still, with 
heavy rain: we are off the Newfoundland banks. The cap- 
tain stands, seriously watching the weather. In this sea 
many a ship has lost its masts in a storm which very sud- 
denly follows the rain and the dead-calm, and comes from 
another direction, so that the seamen have no time to haul 
in their sails. In that calm followed by high seas the rudder 
can do nothing and so the ship is surrendered to the mercy 
of the wild waves, which is very dangerous. 

Sunday, June 3. We are still off the Newfoundland 

banks with north wind. Good progress. Yesterday even- 
ing the mates saw a ship, to-day at 8 a. m. we see that it is an 



DIARY OF JOURNEY FROM HOLLAND TO IOWA 373 



English brig; at 10 o'clock we approach so near that the 
captains can call to one another with or without a speaking- 
trumpet. They have already journeyed 40 days and come 
from Liverpool. The ship is also filled with emigrants : we 
were so near them that we could follow their movements 
clearly. Religious worship led by Kuyper: Psalm 107. 
Again in the afternoon. Our daughter Maaike and Suzanna 
de Boer, a God-fearing girl, were invited by the captain 
to partake of dinner in his cabin. She went reluctantly, 
upon our insisting that she keep Suzanna company, because 
it was promised and the captain had depended on her com- 
ing. Hardly had dinner commenced when Maaike comes 
back ill and goes to bed. 

Monday, June 4. Nice, calm weather. This was our best 
day on board. The Lord took pity on my daughter Maaike. 
After a spiritual struggle and attack by Satan, she was able 
to learn to know the Lord in His pitying love and the all- 
powerful mercy of Him who had chosen her before the foun- 
dation of the world. We saw a school of fish like large cod 
defending a dead fish against the sea-gulls; some jumped 
high out over the water, captured a preying gull and pulled 
him down into the depths. 

Tuesday, June 5. Wind southeast, good progress. 54° 
longitude, 40° latitude, New York 65° longitude, 42° lati- 
tude. Birthday of C. van Andel. Maaike is losing strength ; 
her bodily condition does not improve, but her mind is ac- 
tive. A little child of W. van Vark dies. 

Wednesolay, June 6. Maaike 's physical condition grows 
more serious, her chest loosens, phlegm gurgles in her 
throat, the captain's medicines appear fruitless, Jesus loves 
her and she loves Jesus. We see her end approaching — 
at 12 o'clock the Lord takes her unto Himself! Who can 
fathom God 's ways ? Oh, let us not murmur ! 

vol. x — 24 



374 IOWA JOURNAL OF HISTORY AND POLITICS 



Thursday, June 7. The death of our dear Maaike shocks 
us terribly. 

Friday, June 8. This night there died: Gerrit Bezemer, 
5 years ; Adriana Klein, 7 years. We see many swine fish, 
even very large ones. The captain who had invited me and 
my wife to lodge a few days in his cabin now invites me to 
have a glass of Malaga, and small stuff, and gives me Amer- 
ican newspapers in the English, high-G-erman, and French 
languages. 

Saturday, June 9. In the morning at 7 o'clock the little 
bodies were lowered into the ocean. I read Psalm 39 and 
we sang Psalm 39 : 3 and 4. East wind, good progress. We 
pass Sable Island which is desolate and uninhabited. 

Sunday, June 10. At 9 o'clock, worship of God, led by 
Maasdam: Eomans 13. My wife and I dine with the cap- 
tain. After measurements, captain with sextant and first 
mate with octant, it is discovered that we are still 135 
German miles and two hours from New York. East wind, 
and we sail at least 80 hours per day. Our ship is busily 
visited by swine fish. Died, the ninth, Hendrik Obertop, 7 
years. 

Monday, June 11. The body of H. Obertop is let over- 
board at 7 o'clock. East wind, also northeast. We make 
rapid headway, the fastest of the whole journey. This night 
20 hours in one hour. Died, the tenth, Peter Hendrik Hos- 
pers, at 5 o 'clock in the afternoon, at the age of 2 years, 4 
months. 

Tuesday, June 12. Northeast wind. Nice weather. Good 
progress. At 10 o'clock a. m. we were at 68°, and as Newi 
York lies at 74° 3' and a degree is about 14 hours, our voy-j 
age will last 84 hours longer. At 2:30 the earthly remains 
of Peter Hendrik are lowered into the ocean. From the 



DIARY OF JOURNEY FROM HOLLAND TO IOWA 375 



preparations on board, it appears we are expecting land; 
as cleaning, better clothes, anchors, chains, sounding-lead, 
looking for the pilot, etc. 

Wednesday, June 13. In the morning we see land. At 
10:30 the pilot comes on board, at 5 o'clock we are in New 
York bay — land and trees on both sides. Then we cast 
anchor. 

Thursday, June 14. Doctor on board to see Keetje. Hope 
for recovery in two days. Keetje in the cabin. Captain 
and mate very accommodating. A powder followed with 
a little syrup, every five hours half a wine-glass of castor- 
oil, every 2y 2 hours a powder in water. The passengers 
enjoy the beautiful scenery on both banks. Doctor investi- 
gates the physical condition of the passengers. The same 
quarantine doctor visits Keetje who comes into the cabin. 

Friday, June 15. Thank -God, Keetje is resting. Busy 
packing up goods. By steamboat from the 6 ' Franziska ' ' 
to New York. Lodged at No. 132, Greenwich Street. The 
population of New York is estimated at 600,000 inhabitants, 
yes, some say one million. Sometimes five-hundred horse- 
cars are seen driven up a very broad street; the sidewalks 
are broad, floored with large, flat stones. 

Saturday, June 16. Lodging New York. Doctor van 
Siers, $3. In the evening at 6 o 'clock on the boat to Albany, 
400 feet long. 

Sunday, June 17. At 6 a. m. arrived at Albany. On a 
bridge kneels a handsome young minister of the gospel, 
praying in a loud voice, surrounded by about 50 American 
men, no women. After him an aged man begins to preach. 
This takes place every Sunday. Eefused to admit our sick 
Keetje (who was sitting in a carriage) into a lodging-house 
near the steamboat. Further to German lodging-house, on 
the railroad street. Inhospitable treatment — willing to 



376 IOWA JOURNAL OF HISTORY AND POLITICS 



keep night guests, but no day guests. In the evening we 
rode in a vehicle to the hotel of William Schmidt, Liberty 
Street, No. 41. In the evening A. C. Kuyper preaches in 
the WyckofT school. 

Monday, June 18. In Albany our baggage is weighed and 
at about 9 or 10 o'clock my fellow-passengers embark in two 
canal boats. Father, mother, Gerrit, Sijgje, Klaas, Gelder 
and van Andel accompanied them, also Dingman. In Al- 
bany there remained behind : J. Hospers and wife, Keetje, 
Eva, Wm. Hendrik, and Janna. In the evening Keetje is 
removed from the hotel of William Schmidt, Liberty St., 
No. 41, to Stubenrauch, South Pearl St., No. 213. (We had 
in all 5,250 pounds of freight to Buffalo). 

Tuesday, June 19. Albany consists of about 50,000 in- j 
habitants. Many houses have silver knobs, plates, numbers, ! 
and keyholes on their outer front doors. Albany is beauti- 
fully situated on the broad Hudson Eiver, surrounded by j 
hills and mountains. It is much hotter here than in The 
Netherlands. Everyone complains of the heat. At night 
one sleeps with open windows on mattresses with only a 
sheet as covering. 

Wednesday, June 20. A letter from Albany to Henry. 5 
In the evening we saw fire in our vicinity. At the ringing 
of alarms, fire-engines and men hasten to the rescue : hurry 
and bustle everywhere, but yet with caution, in true Amer- 
ican style. Even women who dwell in the adjacent houses 
clamber out upon their roofs to sweep off the sparks. The 
fire originated in a lumber yard, which was all that burned , 
and was quickly extinguished. 

s Henry Hospers, oldest son of the writer of the diary, was a member of the 
pioneer band of Hollanders who founded Pella in 1847. He was then seventeen 
years of age and in 1870 became the chief promoter of emigration from P.ellfl 
and vicinity to the fertile lands of Sioux County in northwestern Iowa. 



DIARY OF JOURNEY FROM HOLLAND TO IOWA 377 



Thursday, June 21. Early in the morning before Keetje 
woke u>, bought in the market a bunch of 13 carrots for 5 
cents. Friendly welcome by Eev. WyckofT to Kuyper and 
myself. In the afternoon there was fire in a house on the 
hill. 

Friday, June 22. During the night two fires. 96 degrees 
Fahrenheit, Albany. In New York : 96 degrees in the shade 
and 108 degrees in the sun. 

Saturday, June 23. Zwiers, runner for Doge and Spaan, 
receives a letter from Kok who accompanied the passengers 
as guide to Cincinnati, reporting that K. Middelkoop had 
lost his ticket. Zwiers gives a duplicate ticket gratis to 
Buffalo and St. Louis, which with letters from Zwiers and 
Hospers are despatched by post to Buffalo. In the after- 
noon John, the seven-year-old son of A. C. Kuyper, dies in 
Albany and is buried there in Eev. WyckoiT's churchyard. 
I I attended the funeral ceremony in the carriage which bore 
the body. 

Sunday, June 24. In the morning in the Eeformed Prot- 
estant Dutch church Eev. WyckofT preaches in English on 
1 James 2 : 1 ; in the afternoon Kuyper preaches on Psalms 
115 : 3, with Psalm 97, verse 3, as an introduction. Keetje 
is 16 years of age. 

Monday, June 25. Three new American potatoes for 2 
American cents. At 3 o'clock in the afternoon a child of 
Nahuis is buried in Eev. WyckofT 's churchyard. 

Tuesday, June 26. In the afternoon went to see steam- 
boats and departure of the railroad train. 

Wednesday, June 27. A runaway, two horses into the 
Hudson. For the first time [in America] I saw a horse tied 
to a post. Went to look into a farm-implement shop. 

Thursday, June 28. With Stubenrauch and A. C. Kuy- 



378 IOWA JOURNAL OF HISTORY AND POLITICS 



per sought and found a place in which to hold this even- 
ing's prayer-meeting. The Mission Sunday-school of the 
Presbyterian church being let to us, A. C. Kuyper preached 
in the evening at 7 o 'clock to an audience of 40 : Psalm 86 : 
17. 

Friday, June 29. Dr. de Nieve advises me to give my 
children, if the Lord allows them to survive the spring, 
medicines to purify the blood — tamarind, two medicine 
ounces, in a bottle of water, half boiled, to be taken with 
syrup or sugar, about four spoonsful daily. Fire at 11:30 
p. m. 

Saturday, June 30. A letter to Henry at Pella. > 

Sunday, July 1. Lord's Supper attended by Kuyper and 
myself in the Reformed Protestant church of Eev. Wyckoff. 

Monday, July 2. Keetje is very critically ill. A. C. Kuy- 
per starts out with his family on the journey to Buffalo. 

Tuesday, July 3. Great preparations, exercises in fire- 
works, for the celebration of independence day. 

Wednesday, July 4. 1776-1849 — seventy-third anniver- 
sary of American independence. In the morning the militia 
marches in uniform to drum and fife, followed by a fire- I 
engine decorated with flowers. Early in the morning the 
celebration is announced by the toll of bells. All public 
business comes to a standstill. Everyone is dressed in gala | 
attire. On the public squares of the city gatherings take 
place, where orators address the people from high plat- 
forms on the subjects of independence, liberty, and so forth, 
as compared with other parts of the world, so that the peo- 
ple's enthusiasm is roused to a high pitch. Even an aged 
minister, Rev. Wyckoff, rises and under the open sky prays 
that many of the oppressed people of the earth may with 
good fortune cross the seas and come to share in the free- 
dom of spacious America. 



DIARY OF JOURNEY FROM HOLLAND TO IOWA 379 

At the chief meeting-place military music is rendered. 
From there starts a procession which parades in stately 
fashion through the city, as: militia companies with their 
officers, two cannon-wagons, besides a countless number of 
wagons and men on horseback, representing every branch 
of trade and industry such as teamsters with their carts 
loaded with barrels, boxes, and packs ; cabinet-makers with 
splendid furniture, everything in finest trim; carriages 
drawn by six or eight horses of one color ; corporations with 
their banners or colors, etc. Holiday everywhere — flags, 
bells, dress, fireworks, no employment, etc. All orderly and 
very unanimous. 

Thursday, July 5. In the evening at 8 o'clock died Cor- 
nelia Gertrude Hospers, born June 24, 1833, aged 16 years 
and 11 days. 

Friday, July 6. At 3 o'clock in the afternoon Keetje is 
i buried, only a hearse and one other carriage, in the Wyckoff 
churchyard. We have agreed to take with us Jan van de 
Roovaart with his wife and two children, he agreeing to re- 
imburse me for the traveling expenses either by means of 
j his earnings or by direct payment. Thus we shall have 
traveling companions. 

Saturday, July 7. Our intention to depart on the 12 
I o'clock train for Buffalo is prevented by the extraordinary 
crowd of emigrants, which causes us to fear the unsanitary 
results of close packing together, while we note in this a 
gentle reminder of the Lord's mercy not to desecrate the 
Sabbath. 

Sunday, July 8. Among the crowd of emigrants who ar- 
rive on the steamboats from New York this morning, with 
Zeelanders, Frieslanders, and Gelderlanders, was the Eev. 

Verschuur who has been called to preach at . In 

the afternoon he preaches in the school-church of Eev. 



380 IOWA JOURNAL OF HISTORY AND POLITICS 



Wyckoff, from Galatians 6: 14, while I read and lead the 
singing in Dutch style. 

Monday, July 9. At 2 o'clock by train to Schenectady — 
Amsterdam at 3 o'clock, in 40 minutes from Herkimer to 
Utica, 15 miles (4% hours). 

Tuesday, July 10. Arrived at Buffalo at 6 p. m. Hotel, i 
A hemorrhage compels me to summon the medical assist- 
ance of Dr. Haksteeg at Buffalo. Buffalo was first laid out | 
22 years ago and now counts a population of fully 56,000 
souls. It grows every year with the building of houses, all 
of brick. It is a fine city, they say the most healthful in 
America, and lies on the shore of Lake Erie, opposite Can- 
ada which belongs to England. 

Wednesday, July 11. In the morning we meet Kuyper 
who had arrived at night by canal boat. Paid the doctor $2. 
He is a friend of Haefkens and corresponds with him. 

Thursday, July 12. In the morning we leave the Dutch 
hotel, "Washington Coffee-house (Itjen and Haijen), No. 5 
Commercial St., Buffalo, and with A. C. Kuyper we embark 
on the steamboat Louisiana to Chicago. 

Friday, July 13. At 10 o'clock in the morning left Buf- 
falo with steam up. View of Canada belonging to England. ! 
In Buffalo temperature with cloudy sky 96° E. 

Saturday, July 14. 9:45 at Cleveland, extraordinary I 
calling and shouting at the pier by hotel-keepers and trans- 
fermen for patronage. 

Sunday, July 15. In the morning religious worship led 
by Kuyper from James 1, first half. Steaming through the 
canal between lakes St. Clair and Huron. In the afternoon 
second half of James 1. 

Monday, July 16. Good progress, without opportunity 



DIARY OF JOURNEY FROM HOLLAND TO IOWA 381 



anywhere to lie to, as we are on Lake Huron. 3 p. m. at 
Fort Mackinac at the northernmost point of Lake Michigan. 

Tuesday, July 17. 10 p. m. at Milwaukee. 

Wednesday, July 18. Noon, at Chicago, a fine business 
city, 23,000 inhabitants. Here there is no brick or cobble- 
stone pavement in the streets, because they would sink if it 
rained, but the streets are paved with three-inch sawed 
boards on solid stringers, 100 feet wide, the highway being 
four boards in width and 2% feet below the sidewalk along 
the houses on both sides. At 4 o 'clock, on board the packet 
boat to Peru. Departure 7 o'clock. The boys here are 
especial lovers of kite-flying. Van Malsum has been desert- 
ed by his wife for the fifth time — he fears that she will 
return to Holland. Plij earns $5 per week in a store in 
Michigan. 

Thursday, July 19. In the packet boat which is drawn by 
three horses on a fast trot, we travel a straight distance of 
ten miles — therein we pass through a wooden basin which 
crosses a river and is supported by two stone-arches. 
Through this basin flows the canal in the same width, a tow- 
path of boards alongside. The basin is 100 yards long, the 
river 100 miles. What a wonderful view in passing through ! 
First our artificial canal with towpath, then beneath a broad 
streaming river, further on numerous waterfalls pouring 
over and among the rocks, etc. 

At 11 p. m. arrived at LaSalle, a neat little town. There 
on Friday night of July 20, at 1 o'clock, embarked on the 
steamer "Feinolon" to St. Louis, to go as far as Peoria, 
where we arrived at 10 p. m. A German family of our trav- 
eling company recommends to us a hotel which does not suit 
us on investigation, so that we are allowed to pass the night 
with our baggage in the steamboat which thus serves as 
warehouse. 



382 IOWA JOURNAL OF HISTORY AND POLITICS 



Saturday, July 21. In the morning from Peoria to the 
Clinton honse — contracted with the stagecoach company 
to convey our family of seven and that of Kuyper of ten 
persons with two coaches, each drawn by four horses, to 
Keokuk for $100, including the transportation of our bed- 
ding. All other baggage, about 5000 pounds, is carried by 
way of St. Louis to the address of Graham at Keokuk. At 
9 o'clock we leave Peoria in the two coaches. We keep on 
riding with changes of drivers and horses, even at night, 
until 5 a. m. Sunday, July 22, when we reached Oquawka on 
the Mississippi Eiver and ferried across to Burlington. 
Burlington is a town where our hotel was the first house 14 
years ago, and now counts fully 4,000 souls. 

Monday, July 23. My wife is ill. 

Tuesday, July 24. Meet Mr. Bousquet. My wife not im- 
proved. Called doctor. 

Wednesday, July 25. At about 10 a. m. in company with 
Kuyper, in three covered wagons, we left for Pella, at $20 
per wagon and each driver seventy-five cents per day, for 
their meals and feeding the horses. Passed night at New 
London for $6. 

Thursday, July 26. Baited at Mt. Pleasant. Mr. Wijkoff 
gives news of Henry. Arrived on a farm in the neighbor- 
hood of the Skunk Eiver for $2. In the evening we reached 
Brighton and spent night. 

Friday, July 27. [Blank.] 

Saturday, July 28. At 6:30 p. m. reached Pella, and 
housed with P. Welle. 

Friday, August 3. Father K. Middelkoop and J. Hospers 
upon making their confession of faith before the church 
consistory were received as members. 



THE ASSAULT UPON JOSIAH B. GRINNELL BY 
LOVELL H. EOUSSEAU 



INTRODUCTION 

It is the purpose of this paper to narrate the main facts 
and circumstances connected with an unfortunate incident in 
Congressional history, namely an assault made by Lovell H. 
Rousseau, member of Congress from Kentucky, upon Josiah 
B. Grinnell, member of Congress from Iowa, in the capitol 
building at Washington, D. C, in June, 1866. The trouble 
arose over a debate in the House on the "Freedmen's 
Bureau Bill", and in many ways this attack resembles the 
I assault made by Preston Brooks on Charles Sumner ten 
I years earlier. It is significant to note that the participants 
i in the affair were affiliated with the same political party 
and that both were staunch supporters of the cause of the 
1 Union during the Civil War. 

JOSIAH B. GRINNELL 

Josiah Bushnell Grinnell was born at New Haven, Ver- 
mont, on the 22nd of December, 1821. His ancestors on his 
father's side were of French descent. They were members 
of the party of Huguenots who, when the Edict of Nantes 
was revoked in 1685, migrated from France and established 
themselves on the chalky cliffs of Cardiff, Wales. Here 
: they remained for about twenty-five years, and then they 
migrated to America and became well settled in this country 
in time to assist the thirteen colonies in their strife with 
England. 1 

Grinnell 's ancestors on his mother's side were Scotch. 
The family name was Hastings and they were justly proud 

1 Grinnell 's Men and Events of .Forty Years, pp. 1-4. 

383 



384 IOWA JOURNAL OF HISTORY AND POLITICS 



of the eminence of the name in the annals of that country of 
renowned heroes. Nathaniel Hastings, the grandfather of 
Josiah B. Grinnell, came from Scotland to this country 
when but a youth and took part in the Revolutionary War. 
He was killed at the Battle of Plattsburg, and Grinnell 's 
mother was left an orphan at a very early age. 2 

Thus it will be seen that Grinnell 's ancestors on both 
sides sprang from good families of the substantial middle 
classes. This fact probably had a far-reaching effect on the 
attitude of Josiah B. Grinnell toward great public issues. 
His sympathies were always with the down-trodden or 
persecuted. 3 

Grinnell 's parents were farmers of the old Puritan type 
and Josiah was brought up in a strict, religious atmosphere. 
He was given the best early education that was possible at 
that time in the community. At the age of twenty-two he 
was graduated from Oneida Institute. In 1847, five years 
later, he graduated from the Auburn Theological Seminary. 
He was then ordained a Presbyterian clergyman and fol- 
lowed this calling for about seven years. During this time 
he occupied several important pulpits, preaching in Union 
Village, New York, in Washington, D. C, and in New York 
City. 4 

In 1854 he came to Iowa and located at the small village 
which stood on the present site of Grinnell. He founded 
the Congregational Church at that place and preached 
there gratuitously for several years, although he later 
devoted the greater part of his time to farming and wool 
growing. At this time Iowa was just beginning to take a I 
real part in national affairs, having been admitted to the I 
Union as a State but eight years before. Grinnell took a j 

2 Grinnell 's Men and Events of Forty Years, pp. 1-7. 
8 Grinnell 's Men and Events of Forty Years, pp. 8, 9. 
* Appleton's Cyclopaedia of American Biography, Vol. Ill, p. 1. 



ASSAULT UPON JOSIAH B. GRINNELL 385 



keen interest in politics and in a short time became one of 
Iowa's best known citizens. In 1856 he was elected to the 
State Senate and served in that body until 1860. For 
the next two years he served as special agent for the Post- 
Office Department. In 1863 he was elected Eepresentative 
in Congress from the Fourth District of Iowa on the Ee- 
publican ticket. He held this position for four years ; and it 
was during his second term as Congressman that the 
episode which forms the title of this paper occurred. 5 

Mr. Grinnell made an enviable record while in the Iowa 
Senate. He took an active part in the establishment of the 
free school system in Iowa. He was a bitter enemy of 
slavery, was an intimate friend of the notable John Brown, 
and was so active in aiding the escape of fugitive slaves 
that at one time a reward was offered for his head. At 
different times he was connected in various capacities with 
six railroads and he laid out five towns including Grinnell, 
Iowa, which was named for him. The proceeds of the sale 
of the building lots in that town were donated by him to 
Grinnell University, later known as Iowa College and now 
called Grinnell College, and he served as President of this 
so-called University for a time. 

Thus it will be seen that Josiah B. Grinnell lived an ex- 
tremely busy and useful life. He was an ever ready 
opponent of slavery and was a strong advocate of temper- 
ance. Fearless by nature, he stood boldly for what he 
thought was right, and his activities in religious, educa- 
tional, and political fields mark him as one of the dis- 
tinguished citizens of Iowa during the period of the Civil 
War and Eeconstruction. 

LOVELL H. ROUSSEAU 

Of no less prominence was Grinnell 's assailant, Lovell 

5 Biographical Congressional Directory, p. 565. 



388 IOWA JOURNAL OF HISTORY AND POLITICS 



view of this fact that Senator Trumbull presented the bill 
in Congress. The purpose of the bill in the words of the 
originator was "to enlarge the powers of the Freedmen's 
Bureau so as to secure freedom to all persons within the 
United States, and protect every individual in the full en- 
joyment of the rights of person and property and furnish 
him with means for their vindication. " 10 

It should be borne in mind that a bill establishing a Freed- 
men's Bureau had been passed at the preceding session of 
Congress. The Bureau thus created was an institution with 
certain well defined powers for securing the absolute free- 
dom of slaves where their former masters were obstinate. 
It also to a rather limited extent sought to find employment 
for slaves and in general looked after their interests. Many 
people in the North had grave apprehensions lest by local 
legislation or a prevailing public sentiment in certain com- 
munities the negroes would still be oppressed and in fact 
deprived of their freedom. It was to quiet this widespread 
idea that this bill was introduced on January 5, 1866. Ac- 
cording to Senator Trumbull, the bill was introduced "for 
the purpose also of showing to those among whom slavery 
has heretofore existed that unless by local legislation they 
provide for the real freedom of their former slaves the 
Federal Government will, by virtue of its own authority, 
see that they are fully protected." 11 

Senator Trumbull stated that he humbly believed and 
hoped that it would not be necessary for the Federal Gov- 
ernment to interfere in this matter, but as long as Congress 
had passed the constitutional amendment abolishing slavery 
it devolved upon Congress to see that every slave got his 
freedom in case the States failed to enforce the law. 

io Congressional Globe, 1st Session, 39th Congress, p. 77. See also p. 129 for 
the introduction of the bill. 

i J Congressional Globe, 1st Session, 39th Congress, p. 77. 



ASSAULT UPON JOSIAH B. GRINNELL 389 



The bill was duly filed in the House and referred to a com- 
mittee on January 25, 1866, but did not come up for consid- 
eration until early in February. Mr. Grinnell was a strong 
supporter of the bill, while Mr. Eousseau opposed it with 
equal vigor. The bill was being debated in the House on 
February 3, 1866, and in the course of the debate Rousseau 
related a certain incident that occurred in Kentucky under 
the existing Freedmen's Bureau laws. The incident in the 
words of Eousseau is as follows : 

A man by the name of Blevins in my town came home one evening 
and found his wife engaged in some controversy and collision with 
a negro woman who had been her servant — not one who had be- 
longed to her as a slave. He took part with his wife. . . . The 
negro woman complained to this agent of the bureau, and a couple 
of negro soldiers were sent there to arrest him and his wife. And 
because one of his little girls had said something in the matter an 
| order was also sent for her arrest. The man came to me, supposing 
that I might be able to assist him. . . . Early the next morning 
I went to the commandant 's headquarters, and there I found Mr. 
Blevins and his wife and children seeking protection against the 
Freedman's Bureau, acting on the complaint of the negro woman. 

Now sir, I told the agent of that bureau just what I thought and 
felt in reference to this matter. I said to him, "If you want to 
protect the freedmen of this community I am with you heart and 
soul ; I will stand by you in all just measures ; but if you intend to 
arrest white people on the ex 'parte statement of negroes, and hold 
them to suit your convenience for trial, and fine and imprison them, 
tlfen I say that I oppose you; and if you should so arrest and 
punish me, I would kill you when you set me at liberty ; and I think 
you would do the same to a man who would treat you in that way, 
if you are the man I think you are, and the man you ought to be to 
fill your position here. ' ' 12 

Eousseau 's purpose in relating this incident was to show 
that abuses had arisen under the operation of the Freed- 
men's Bureau; and instead of giving the Bureau more 

12 House Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, pp. 39, 40. 

vol. x — 25 



390 IOWA JOURNAL OF HISTORY AND POLITICS 



power, as the proposed bill would do, lie believed that much 
of the power it already had should be taken away or at least 
modified to a certain extent. 

On February 5th the Freedmen's Bureau Bill was again 
under consideration. Grinnell was supporting it and Eep- 
resentatives Trimble and Eousseau were arguing against it. 
Representative Trimble, had stated that the laws of Ken- 
tucky were honorable and just, and suited to the conditions 
of that State. In the course of his argument in reply to 
Mr. Trimble, Mr. Grinnell said: "I charge that they are 
monstrous and damnable laws, such as would be a dishonor 
to the most barbarous nation on the face of the earth, and I 
regret to apply the sound political maxim that no State is 
better than its laws. I would ask the gentleman why the 
legislature of Kentucky at its late session did not change or 
amend those laws, so that they might show that there was 
honor in the Kentuckian heart, that they were willing to 
mete out justice to all men. ' ,13 Grinnell then went on to say 
that the laws of Kentucky which made it a penal offence 
for a man who had won a government uniform to go into 
that State were indicative of barbarism, meaning of course 
the discriminations which were made against negroes in 
Kentucky. 

Grinnell then referred to the incident which Eousseau had 
cited on February 3rd, stating that Eousseau had said that 
if he were arrested on the complaint of a negro and brought 
before one of the agents of this Bureau he would shoot the 
agent when he became free. Grinnell in speaking of this 
remark by Eousseau said : 

It is the spirit of barbarism that has too long dwelt in our land — 
the spirit of the infernal regions that brought on the rebellion and 
this war. ... I care not whether the gentleman [Mr. Rous- 
seau] was four years in the war on the Union side or four years on 

18 House Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, p. 40. 



ASSAULT UPON JOSIAH B. GRINNELL 391 



the other side; but I say that he degraded his State and uttered a 
sentiment I thought unworthy of an American officer when he said 
that he would do such an act on the complaint of a negro against 
him. 14 

On the following day, February 6th, Eousseau took the 
floor and attempted to make a personal explanation. He 
denied that he used the language imputed to him by Mr. 
Grinnell and he denounced Grinnell 's assertion "that he 
had degraded his State and uttered a sentiment .... 
unworthy of an American officer" as vile slander and un- 
worthy to be uttered by any gentleman upon the floor of the 
House. 15 

When the Freedmen's Bill was again debated on the 8th 
of February, Grinnell and Rousseau had a further discus- 
sion. The chief point of controversy was as to the power 
possessed by the particular officer in the incident which 
Rousseau had cited. Rousseau argued that the agent acted 
entirely outside of his sphere and hence deserved to be shot. 
Grinnell contended that the agent was simply fulfilling his 
duty as an officer of the Freedmen's Bureau. 16 At this point 
the question was dropped for more than four months. The 
bill was referred to a committee and came up again on 
June 11th for further discussion. It was the words of 
Grinnell on June 11th that caused Rousseau to assault him a 
few days later, on J une 14th. 

The whole discussion between Rousseau and Grinnell on 
June 11th hinges around the statement made by Rousseau 
in regard to the incident connected with the Freedmen's 
Bureau in Kentucky, namely: "If you intend to arrest 
white people on the ex parte statement of negroes and hold 
them to suit your convenience for trial, and fine and im- 

i* House Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, pp. 40, 41. 

is Congressional Globe, 1st Session, 39th Congress, p. 688. 

is House Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, p. 45. 



392 IOWA JOURNAL OF HISTORY AND POLITICS 



prison them, then I say I oppose you ; and if yon should so 
arrest and punish me I would kill you when you set me at 
liberty.' ' Grinnell again said that when Rousseau uttered 
this statement he degraded his State and uttered a senti- 
ment unworthy of an American officer. Rousseau claimed 
that Grinnell insulted the good name of the State of Ken- 
tucky and also did him (Rousseau) a great personal wrong. 
A war of words was waged over this point for some time. 
Rousseau referred to Grinnell as a ' 1 pitiable politician from 
Iowa", whereupon Grinnell assailed the military record of 
Rousseau. He declared that when there was a big battle 
Rousseau always managed to escape it. "His military 
record!", asked Grinnell, "Who has read it? In what vol- 
ume of history is it found!" 17 

The debate became purely personal in nature, despite the 
efforts of the Speaker of the House to stop it, and it was 
waged over extremely trivial points. At the close of the 
debate Grinnell had apparently a little advantage over his | 
opponent. Rousseau's last words were: "I hope now that | 
I have heard the last from the member of Iowa. I hope 
that I shall never have occasion to refer to the subject 
again. Whatever glory he has gained in this contest I am 
content that he should wear. ' ' 18 

Hence it seemed from all appearances that the incident 
was closed. Nothing more was heard or said about it and 
the unfortunate affair was being rapidly forgotten, when 
three days later, on Thursday, June 14th, Rousseau assault- 
ed Grinnell with a cane on the steps of the capitol building. 

THE ASSAULT 

The assault took place just at the close of the session of ' 
the House at three-thirty on the afternoon of the 14th of | 

17 House Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, pp. 4244, 
46, 47. 

18 House Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, p. 47. 



ASSAULT UPON JOSIAH B. GRINNELL 393 



June, 1866. The place of the attack was on the east portico 
of the capitol building. Immediately after the House had 
adjourned Mr. Grinnell passed out through the rotunda 
with the intention of taking a street car to his place of resi- 
dence. He was stopped by Eousseau, who stated that he 
had waited four days for an apology for his conduct toward 
him in the House on Monday, June 11th. Grinnell calmly 
replied, ' ' What of that", or something to that effect. 
Eousseau then changed his cane from his left hand to his 
right and without further words proceeded to administer a 
beating to Mr. Grinnell. The instrument used was a small 
rattan cane with an iron end and Rousseau struck Grinnell 
with the iron end. He struck him chiefly in the face, but one 
blow hit GrinnelPs hand and another his shoulder. The 
blows were continued until the cane broke. All told, prob- 
ably eight or ten blows were struck. 19 

As far as physical injury was concerned Grinnell was 
practically unharmed. His hand and shoulder were bruised 
so that he could not use them for several days, but beyond 
that his injuries were slight and he was able to attend to his 
duties the following day. 

Grinnell made no effort whatever to resist Eousseau and 
when the latter had finished administering the caning 
Grinnell walked peacefully away to his place of residence. 
According to GrinnelPs belief, the purpose of the attack 
was to get him to attack Eousseau, who then would have 
had a pretext for assassinating him. For that reason Grin- 
nell made no attempt to defend himself. 

As nearly as could be ascertained there were from fifteen 
to twenty persons upon the portico at the time of the as- 
sault, a part of whom were detained there because of a 
shower of rain which was falling at the time. There was no 
other member of the House present besides Grinnell and 

is Bouse Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, p. 1. 



394 IOWA JOURNAL OF HISTORY AND POLITICS 



Rousseau. Grinnell was totally unarmed and Bousseau had 
no weapons other than the small cane which he used in the 
assault. 20 

No friends of Grinnell were present, probably because of 
the suddenness and unexpectedness of the attack. On the 
other hand three persons were present as friends of Kous- 
seau: Mr. Charles D. Pennybaker of Kentucky, Mr. L. G. 
Grigsby of Kentucky, and Mr. John S. McGrew of Ohio. 
Mr. Pennybaker, a very close friend of Rousseau, was 
present because Rousseau had intimated to him that a per- 
sonal assault was possible if not probable. After Rousseau 
had broken the cane on Grinnell he pushed the latter up 
against a pillar and was seemingly about "to finish the 
job" with his fists, but at this point Mr. Pennybaker stepped 
in and succeeded in restraining him. In the hearing before 
the committee, Pennybaker stated that he was armed with 
a loaded pistol. He was then questioned as to whether or 
not it was customary for him to carry a gun and he said 
that it was not. He finally made the statement that he car- 
ried the gun that day in order to protect Rousseau in case 
any bystanders interfered in the controversy. He said that 
it was not his intention to use the pistol unless he was 
obliged to, but that he feared for the personal safety of 
Rousseau. 21 

The other two friends of Rousseau had no intimation as 
to what was about to occur. Mr. Grigsby was a personal 
friend of both Rousseau and Pennybaker. He was visiting 
with Pennybaker in the latter 's rooms when the latter in- 
formed him that he must go to the capitol building. Grigsby 
obtained Pennybaker 's permission to accompany him, and 
hence was present on the portico as a guest of Pennybaker. 22 

20 House Beports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, p. 1. 

21 House Beports, 1st Session, 39th Congress, Vol. I, Report No. 90, pp. 15-20. 

22 House Beports, 1st Session, 39th Congress, Vol. I, Report No. 90, pp. 21-24. 



ASSAULT UPON JOSIAH B. GRINNELL 395 



The third friend of Rousseau, Dr. John S. McGrew of 
Ohio, had been talking to Rousseau relative to a business 
trip to New York which they proposed to take together. 
McGrew had an appointment with Rousseau at the close of 
the session on that day and was waiting for him in the 
rotunda. Rousseau rushed into the rotunda, passed right 
by McGrew without noticing him, and passed out to the 
portico. McGrew noticed that he was very much excited 
about something and hence followed him and was present 
at the assault. 23 Both McGrew and Pennybaker were armed 
with pistols. It was admitted by all three of these men that 
in the event of any interference on the part of outside par- 
ties, they should have taken part in the contest. No inter- 
ference being offered, they did not participate in the affair 
except to advise Mr. Rousseau to withdraw at the close. 

THE INVESTIGATION BY THE COMMITTEE 

The members of the House of Representatives were very 
much chagrined over the conduct of Grinnell and Rousseau, 
and a committee was appointed to investigate the entire 
affair and report back to the House. Mr. Rufus P. Spald- 
ing of Ohio, Mr. Nathaniel P. Banks of Massachusetts, Mr. 
John Hogan of Missouri, Mr. Henry J. Raymond of New 
York, and Mr. M. Russell Thayer of Pennsylvania made 
up this committee, which commenced its investigation on 
June 26th and continued for five days, making its report to 
the House on July 2nd. 24 

It was found by the committee that there was no doubt 
as to the purpose or cause of the assault. Rousseau on the 
witness stand frankly admitted that the sole cause of the 
attack was the words spoken by Mr. Grinnell in the House, 
and that he had followed Grinnell to the east portico of the 

23 House Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, pp. 31-38. 

24 House Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, pp. 1, 5. 



396 IOWA JOURNAL OF HISTORY AND POLITICS 



capitol for the purpose of assaulting him. Furthermore, 
he stated on the witness stand that he called to Mr. Grinnell 
who was then a few paces ahead of him. Mr. Grinnell 
stopped and he demanded of him an apology for his conduct 
in the House on the previous Monday. When Grinnell re- 
fused to respond with the sought-for apology, Eousseau 
called Grinnell a 4 'damned coward" and a ' ' damned pol- 
troon", and then began to beat him with the cane. Grinnell 
said: " You are not hurting me." Whereupon Rousseau 
replied: "I don't want to hurt you, I want to disgrace you, 
you damned puppy." After the cane broke, Rousseau was 
evidently about to " finish the job" with his fists when 
Pennybaker interfered. Thereupon Rousseau after calling 
Grinnell a " damned scoundrel" went away with Mr. Penny- 
baker and Mr. Grigsby. 25 Throughout the assault Grinnell 
maintained perfect self-control, and when Rousseau had 
finished with the caning he calmly said : i 6 If the crowd have 
done with me I will leave. 7 9 

In the hearing before the committee the chief persons who 
testified were Mr. Grinnell, Mr. Rousseau, Daniel Morris, 
William P. Turpin, Charles C. Pennybaker, L. B. Grigsby, 
Willard Saulsbury, John S. McGrew, John Boyd, and 
Leonard Jones. The testimony of Grinnell, Rousseau, 
Pennybaker, Grigsby, and McGrew has already been re- 
ferred to. Morris, Turpin, Boyd, and Jones added nothing 
further to that which has already been given. Practically 
the only distinguished person present at the assault and the 
only member of Congress besides Grinnell and Rousseau 
was Senator Willard Saulsbury of Delaware. The testi- 
mony which he gave, however, did not bring out any addi- 
tional facts. 

It was urged on behalf of Lovell H. Rousseau that he 

25 Sec testimony before the committee. — House Beports, 1st Session, 39th 
Congress, Vol. I, Report No. 90, pp. 5-39. 



ASSAULT UPON JOSIAH B. GRINNELL 397 



"had been assailed by Mr. Grinnell with epithets and 
aspersions to which no man could be expected or required 
to submit ; and that as the House had failed to protect him, 
upon his appeal, in his privileges as a member, he felt it to 
be his right to vindicate himself and the people he repre- 
sented. " 26 Grinnell, on the other hand, maintained that his 
character had been assailed by Rousseau both upon the floor 
of the House and elsewhere in such a manner that he was 
perfectly justified in the remarks which he had made. 

Nothing appeared in the hearing before the committee 
that indicated that Mr. Grinnell was actuated in the slight- 
est degree by malice or personal feeling toward Mr. Rous- 
seau. Moreover, the investigation by the committee did not 
reveal any other misconduct of Rousseau either as a mem- 
ber of the House or as an army officer. Rousseau's much 
disputed military record was investigated and it was found 
that his services had been honorable in every respect. 

The committee, moreover, investigated the matter of 
" absolute privilege" of the members of Congress. The 
Constitution of the United States expressly provides that 
" for any speech or debate in either house they shall not be 
questioned in any other place." 27 One of the rules of the 
House was to the effect that personal matters should not be 
discussed or debated on the floor. It was very evident that 
both Rousseau and Grinnell had exceeded their privileges 
in their various debates on the Freedmen's Bureau Bill. 
The committee^ undoubtedly felt that Rousseau was en- 
titled to some relief, but it would be an exceedingly 
dangerous precedent to set if they should excuse his per- 
sonal assault upon Grinnell. Hence the committee after 
long deliberation found that both Rousseau and Grinnell 
were guilty of a breach of privilege. 

26 House Reports, 1st Session, 39th Congress, Vol. I, Beport No. 90, p. 2. 
" Constitution of the United States, Article I, Section 6. 



398 IOWA JOURNAL OF HISTORY AND POLITICS 

THE REPORT OF THE COMMITTEE 

The committee made the following recommendations to 
the House on July 2, 1866 : 

Resolved, That the Hon. Lovell H. Rousseau, a representative 
from Kentucky, by committing an assault upon the person of the 
Hon. J. B. Grinnell, a representative from the State of Iowa, for 
words spoken in debate, has justly forfeited his privileges as a mem- 
ber of this House, and is hereby expelled. 

Resolved, That the personal reflections made by Mr. Grinnell, a 
representative from the State of Iowa, in presence of the House, 
upon the character of Mr. Rousseau, a representative from the State 
of Kentucky, were in violation of the rules regulating debate and 
the privileges of its members founded thereon, and merit the dis- 
approval of the House. 

Resolved, That Charles D. Pennybaker of Kentucky, L. B. Grigs- 
by of Kentucky, and John S. McGrew of Ohio, by their presence 
and participation in a premeditated personal assault between Hon. 
Mr. Rousseau, of Kentucky, and Hon. Mr. Grinnell, of Iowa, on 
account of words spoken in debate, in which the persons if not the 
lives of members of this House were imperilled, were guilty of a 
violation of its privileges, and they are hereby ordered to be brought 
to the bar of this House to answer for their contempt of its privi- 
leges. 28 

These were the resolutions adopted by the majority of the 
investigating committee, consisting of Mr. R. P. Spalding 
of Ohio, Mr. N. P. Banks of Massachusetts, and Mr. M. 
Russell Thayer of Pennsylvania. The minority, consisting 
of Henry J. Raymond of New York and John Hogan of 
Missouri, agreed that Rousseau was guilty of a breach of 
privilege without justification. But considering the failure 
of the House to protect him and the total absence of any 
intention to inflict great bodily injury on Grinnell they were 
of the opinion that expulsion from the House was too severe 
a punishment to inflict. 20 The resolution of the minority was 
as follows : 

28 House Reports, 1st Session, 39th Congress, Vol. T, Report No. 90, pp. 3, 4. 
20 House Reports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, p. 4. 



ASSAULT UPON JOSIAH B. GRINNELL 399 



Resolved, That Hon. Lovell H. Rousseau be summoned to the bar 
of the House, and be there publicly reprimanded by the Speaker 
for the violation of the rights and privileges of the House, of which 
he was guilty in the personal assault committed by him on Hon. 
J. B. Grinnell for words spoken in debate. 30 

THE ACTION OF THE HOUSE 

The House, after carefully deliberating over the reports 
of both the majority and the minority of the committee for 
nearly three weeks, decided to adopt the minority report. 
On July 21st William B. Allison in conclusion called for the 
execution of the order of the House. Thereupon Speaker 
Colfax said : 

General Rousseau : The House of Representatives have declared 
you guilty of a violation of its rights and privileges in a premedi- 
tated assault upon a member for words spoken in debate. This 
condemnation they have placed on their Journal and have ordered 
that you be publicly reprimanded by the Speaker at the bar of the 
House. No words of mine can add to the force of this order, in 
obedience to which I now pronounce upon you its reprimand. 31 

EFFECTS OF THE EPISODE 

It is needless to say that the Grinnell-Rousseau affair 
created much comment throughout the Nation. The friends 
of Grinnell of course took his part and severely denounced 
Rousseau in the newspapers, while the supporters of Eous- 
seau were equally bitter in their denunciation of Grinnell. 
But on the whole it may be said that the preponderance of 
public sentiment in the North was in favor of Josiah B. 
Grinnell. The people of Iowa stood behind Grinnell almost 
to a man, thus indicating that his ability was appreciated 
in his home State. 

"That G-eneral Rousseau, member of Congress from Ken- 
tucky, is a first class hero is now definitely settled", de- 

30 House Eeports, 1st Session, 39th Congress, Vol. I, Eeport No. 90, p. 4. 
si Congressional Globe, 1st Session, 39th Congress, p. 4017. 



400 IOWA JOURNAL OF HISTORY AND POLITICS 



clared an Iowa editor. "He has claimed that distinction 
ever since he became a member of the House and has 
attempted several times to establish his claim by a lofty 
bearing and pompons declamation, but failing in these he 
has adopted the only infallible (Sonthern) test and has 
come ont successful.' ? The editor then presented the de- 
tails of the assault and in conclusion said: "We trust that 
the House will promptly expell the blackguard and would 
be bully and prevent a return of this kind of Southern ac- 
complishment to Congress." 32 

The Marshall County Times of Marshalltown, Iowa, in 
the issue of July 4, 1866, also emphatically took the part of 
Mr. Grinnell. After recounting the circumstances of the 
assault the editor declared : 

It is believed that the committee appointed by the House to 
investigate the Grinnell-Rousseau affair, will recommend the ex- 
pulsion of Rousseau. It is the proper course to take. If the ! 
House would preserve its own dignity and character, bullies and j 
blackguards should be expelled. Let it be understood that none but 
gentlemen shall occupy such positions, and the low blackguardism 
and fighting propensities of members of Congress will be effectually 
checked. 33 

The attitude of the people of Grinnell, Iowa, toward the 
affair is especially noteworthy. A few days after the as- 
sault a public meeting was called in Grinnell for the purpose 
of expressing the feeling of the community on the matter. 
Among the resolutions adopted were the following: 

Resolved, That Lovell H. Rousseau has conferred on Hon. J. B. 
Grinnell the highest compliment in his power, by his practical , 
acknowledgment that he cannot cope with the Iowa member in 
debate. 

Resolved, That we tender to Kentucky our friendly commisera- 
82 Iowa City Republican, Vol. XVII, No. 917, June 20, 1866. 
88 Marshall County Times (Marshalltown), Vol. VIII, No. 13, July 4, 1866. 
For a later comment, see the same paper for May 25, 1867. 



ASSAULT UPON JOSIAH B. GRINNELL 401 



tions, that in this hour of peril to her once untarnished honor, she 
is represented by a man so consciously incompetent and so obviously 
unworthy. 

Resolved, That it is due to the dignity of Congress, the interest 
of good order, and the cause of freedom and right, that the assailant 
of Mr. Grinnell be at once expelled from the House of Representa- 
tives in disgrace, and that any member of Congress who may 
attempt a similar outrage hereafter, should be promptly expelled 
and rendered ineligible to a seat in either House. 34 

The effect of this episode upon Lovell H. Rousseau was 
to lower him in public esteem and to brand him in the minds 
of many as a coward. Shortly after being publicly repri- 
manded by the Speaker of the House in accordance with the 
action taken by the House, he resigned as Eepresentative. 
But this resignation by no means ended his career in public 
life. Some time later he was sent by President Johnson to 
officially receive Alaska for the United States from Russia. 
Then he was appointed to the command of the Department 
of the Gulf, with headquarters at New Orleans. He suc- 
l ceeded General Philip H. Sheridan and continued in this 
post until his death at New Orleans on J anuary 7, 1869. 35 
Likewise, the incident was by no means the last event in 
the public life of Mr. Grinnell, although this was the last 
term in which he held an elective office. Unfortunately the 
Congressional election occurred in the fall following the 
assault and the nominating convention took place at Oska- 
loosa, Iowa, one week after the assault and more than a 
week before the investigating committee in the House made 
its report. Grinnell was a candidate for re-nomination, but 
was defeated by Judge Loughridge. There seems to be no 
doubt but that this assault, and especially the fact that no 
resistance had been made to Rousseau, defeated Grinnell 

Clinton Herald, Vol. X, No. 26, June 30, 1866. 
35 Appleton 's Cyclopaedia of American Biography, Vol. Ill, p. 336. 



402 IOWA JOURNAL OF HISTORY AND POLITICS 



at the convention. But in spite of his failure to receive the 
re-nomination for Congress, Mr. Grinnell remained in pub- 
lic life for many years. In 1868 he was special agent of the 
Treasury Department, and in 1884 he was appointed Com- 
missioner of the United States Bureau of Animal In- 
dustries. Later in life he was president of the St. Louis 
and St. Paul Eailroad, president of the State Horticultural 
Society, and president of the First National Bank at 
Marshalltown, Iowa. 36 

In spite of the fact, however, that the investigating com- 
mittee of the House put the blame for the assault entirely 
upon Rousseau, after the episode Grinnell was never re- 
garded with quite the same esteem and admiration that he 
received from the people of his State and the Nation at 
large before the assault. 37 

The Grinnell-Rousseau affair must be regarded as an 
extremely unfortunate incident. It is indeed to be regretted 
that two such able men and two such staunch supporters of 
the Union should have been allowed to conduct themselves 
in such a reprehensible manner on the floor of the House. 
Fortunately this unpleasant episode in the lives of both men 
has been quite largely forgotten, and Josiah B. Grinnell 
and Lovell H. Eousseau are remembered mainly for the 
services which they rendered to the Nation at a time when 
its future existence was very much in doubt. 

Paul R. Abrams 

Iowa City, Iowa 

se Appleton's Cyclopaedia of American Biography, Vol. Ill, p. 2. 

37 For instance in 1869 when Grinnell received some mention as a candidate 
for United States Senator, a newspaper correspondent declared that "the ex- 
pression is very common in Iowa that Mr. Grinnell could have had from this 
people anything he would ask if he had given Eousseau 'as good or better than 
he sent ' Weekly Iowa State Register, Vol. XIV, No. 42, December 1, 1869. 



A WAR TIME MILITIA COMPANY 



An examination of some of the laws enacted and resolu- 
tions adopted during the extra session of the Ninth General 
Assembly of Iowa in 1862, and during the regular session 
of the Tenth General Assembly in 1864, reveals some inter- 
esting facts. A condition of affairs then existed throughout 
the State which affords a striking contrast* to life in Iowa 
during times of peace. The nation was in the throes of a 
mighty struggle for existence in which the soldiery of Iowa 
played well its part; and while thousands of brave and 
patriotic men were at the front engaged in actual warfare, 
laws were enacted requiring all able bodied male citizens at 
home to organize themselves into militia companies for the 
defense and protection of the State, and for the purpose of 
constituting a reserve force to be called into actual service 
in case of necessity. 

Almost at the beginning of this fratricidal warfare, which 
was eventually to result in the enfranchisement of the col- 
ored race, the members of the Ninth General Assembly found 
it necessary at the extra session in 1862 to place upon the 
statute books of the State "An Act to provide for the Pro- 
tection of the North- Western Frontier of Iowa from Hostile 
Indians." 1 While the people of the white race were en- 
gaged in a contest among themselves which, at infinite cost 
of blood and treasure, was to strike the shackles from the 
limbs of the black man, the red man to the northwestward of 
the State of Iowa, true to the instincts and impulses of his 
nature, was ready to throw off all restraint and swarm 

1 Laws of Iowa, 1862 (Extra Session), p. 1. 

403 



404 IOWA JOURNAL OF HISTORY AND POLITICS 



across the border from Minnesota and the Dakotas and 
wreak his savage fury in deeds of slaughter and rapine upon 
the citizens of the State of Iowa, striking down the innocent 
and helpless as well as the guilty and the strong. 

The purpose of the law for the protection of the north- 
western frontier of the State perhaps cannot be better or 
more clearly stated than in the language of a Joint Resolu- 
tion of the legislature, approved on September 9, 1862, 
which reads as follows : 

Whereas, For several months past, the Indians residing along 
the North- Western lines of the State of Iowa, in Minnesota and 
Dakota, and in the country in that vicinity, have exhibited strong 
evidence of hostility to the border settlers, and have committed 
depredations upon the property of these settlers, and have finally 
broken out into open hostility, not only committing gross acts of 
plunder, but have committed the most cruel barbarities upon the 
defenceless citizens residing in the Southern and South-Western 
border of Minnesota, murdering with unparalelled cruelty a large 
number of these citizens and their families, in the immediate vicinity 
of our State, burning their houses and destroying their property; 
and whereas, it is believed from the general uprising of these 
Indians, and the great extent of their depredations and from 
various circumstances relating thereto that they are invited to these 
acts of cruelty, by evil disposed whites from our enemies, and that 
a general Indian War is impending, and whereas, the people along 
the borders of Iowa and Minnesota are deserting their homes and i 
fleeing to places of safety in the interior of the State and entirely 
abandoning their homes and property for places of safety, therefore, | 

Resolved by the General Assembly of the State of Iowa, That the 
Secretary of War, be and he is hereby urgently requested to send I 
a sufficient force of troops under some efficient officer to thoroughly j 
chastise these Indians who have committed the aforesaid acts of I 
War and to subdue or drive beyond the border such hostile Indians, 
at the earliest possible moment. 

Resolved, That the Secretary of State be and he is hereby re- I 
quested to forward to the Secretary of War a copy of the foregoing | 
resolutions. 2 



2 Laws of Iowa, 1862 (Extra Session), p. 51. 



A WAR TIME MILITIA COMPANY 



405 



Nor does this appear to have been the extent of the threat- 
ened invasion of Iowa. Evidently there was also danger to 
be apprehended along the southern border of the State, for 
two days later, on September 11th, the General Assembly 
passed a bill entitled "An Act to provide for the better pro- 
tection of the Southern Border of this State." 

Section one of this act made the following provision : 

Section 1. Be it enacted by the General Assembly of the State 
of Iowa, That the Governor of the State of Iowa be, and he is hereby 
authorized and required to raise a volunteer force in the State of 
Iowa, from the County of Wapello and each of the Counties in the 
Southern tier of Counties bordering on the State of Missouri, not 
less than one Company of mounted men, to be mustered into service 
by a person, or persons, appointed by the Governor, at such time and 
places as he may designate, for the protection of the Southern 
; border. 3 

In addition to the foregoing act, the General Assembly 
| on the same day enacted a law entitled, "An Act for the 
i organization and discipline of the Militia, and to amend an 
I Act entitled 'An Act to Amend the Militia Law,' (being 
1 Chapter 175 of the laws of the Ninth General Assembly) 
Section one of this act provided "That all able bodied white 
male citizens of this State between the ages of eighteen and 
forty-five years, and not exempt by the laws of the United 
States .... shall be subject to military duty.' 1 The 
law also stipulated the manner of organizing and dis- 
ciplining the militia, named the officers to be elected, pre- 
scribed the method of determining who were liable to mili- 
tary duty, and provided for the return of the militia rolls 
to the Adjutant General. 4 

This law remained in force until the regular session of the 
Tenth General Assembly which convened in January, 1864, 
when it was repealed by an act approved on March 26th. 5 

s Laws of Iowa, 1862 (Extra Session), p. 14. 

* Laws of Iowa, 1862 (Extra Session), pp. 42-46. 

s Laws of Iowa, 1864, pp. 90-95. 

vol. x — 26 



406 IOWA JOURNAL OF HISTORY AND POLITICS 



And singular though it may seem, the law relating to the 
protection of the southern border of the State was also 
repealed. 6 Probably the reason for repealing the latter law 
may be found in the fact that the new law was designed to 
be much more effective and far-reaching than any previous 
law upon the subject, and was calculated to effect a com- 
plete military organization throughout the entire State. 
The law of 1864 provided that no company should be com- 
posed of less than forty men, whereas under the previous 
law it was provided that no company should consist of less 
than eighty-three nor more than one hundred and one pri- 
vates. 7 It is therefore apparent that by allowing a smaller 
number of men to each company, the task of organizing 
companies would be greatly facilitated, and the State would 
thereby gain a greater and more efficient number of military 
companies. 

The law enacted by the Tenth General Assembly was not 
repealed until 1878, 8 so that the militia companies organized 
under the provisions of this act constituted the military 
force of the State long after the great drama of the war 
between the States had been brought to a close. 

It may be noted in this connection also that by a joint 
resolution of the Tenth General Assembly discharged Union 
soldiers who had been disabled by wounds or disease in the 
service of their country were recommended for preference 
in all positions within the gift of the Federal Government. 9 
This resolution no doubt furnished the basis of our present 
soldier's preference law. 10 

It was under and by virtue of the law passed in 1864 by 

a Laws of Iowa, 1864, p. 40. 

7 See Laws of Iowa, 1862 (Extra Session), p. 43. 
s Laws of Iowa, 1878, p. 108. 
o Laws of Iowa, 1864, p. 178. 

io See Supplement to the Code of Iowa, 1907, pp. 207, 208. 



A WAR TIME MILITIA COMPANY 407 



the Tenth General Assembly that numerous companies of 
militia were organized throughout the State, and among 
them was the First Independent Company of Adams Town- 
ship in Wapello County. When these companies were 
organized the war between the States was still raging with 
unabated fury and the end was not yet in sight. A report 
of the organization of the First Independent Company of 
Adams Township, Wapello County, as transmitted to the 
Adjutant General, reads as follows : 

At a meeting of the citizens of Adams Township, held at Draper's 
Mill in the County of Wapello, to form a military Company under 
Chapter 84, Laws of 10th General Assembly of the State of Iowa, 
the following was the result of the election for Commissioned of- 
ficers of the Company : 

Captain, Daniel Easley, Jr. 
1st Lieut., Benjamin Bryant 
2nd Lieut., Isaac H. Hornbaker 
Name of Company adopted by meeting, — 1st Independent Co., 
of Adams Township. 
Dated August 19th, 1864. 

J. L. Turner, President 
Daniel Commons, Secretary. 

The commission issued to Benjamin Bryant as First 
Lieutenant of this Company under the hand of Governor 
William M. Stone, countersigned by N. B. Baker, Adjutant 
General, and James Wright, Secretary of State, is in the 
possession of the writer and is in a fair state of preserva- 
tion, except that it is now in two parts. While the com- 
mission is dated October 19th, 1864, it specifies that the 
)fficer named therein was to take rank from the 19th day of 
iugust, the date on which the organization of the company 
^as perfected. 

Benjamin Bryant, to whom the commission as First 
jieutenant was issued, had already seen service at the 
ront. He had enlisted on August 9th, 1862, at Drakesville, 



408 IOWA JOURNAL OF HISTORY AND POLITICS 



Iowa, being assigned to Company B, Thirtieth Iowa Volun- 
teer Infantry and mustered into service at Keokuk, from 
whence he was transferred to Vicksburg, Mississippi. On 
September 1, 1863, after having been in the army a little 
more than a year, he was transferred to the invalid corps 
at Jefferson Barracks, and was discharged from the service 
on account of disability in January, 1864, although he was 
not formally mustered out until the close of the war. 11 

Eesiding in a community composed largely of southern 
sympathizers, Benjamin Bryant had been one of the most 
active and patriotic of Unionists, assisting the cause with 
voice and influence, and with service on the field of battle. 
Eeturning home after being discharged from the active ser- 
vice, his experience and patriotism were recognized in the 
community by his election as First Lieutenant of the First 
Independent Company of Adams Township. On account of j 
physical disability contracted in the army he would doubt- 
less have been exempt from further military duty had he 
chosen to avail himself of the exemption. 12 Notwithstand- 1 
ing this fact he believed in a vigorous prosecution of the J 
war, and was not unwilling to render such service as he 
could, if not on the field of action, at least in the less arduous 
military duties at home. ! 

It would perhaps serve no useful purpose to set forth I 
herein a copy of Lieutenant Bryant's commission, yet the 
oath attached thereto is not without interest. Following is 
the oath taken by him and by the other commissioned of- 
ficers of the Company : 

I, Benjamin Bryant, duly elected as 1st Lieutenant of Company' 
"1st Independent Co. of Adams Township" regiment,- 

n Roster of Iowa Soldiers, Vol. Ill, p. 1492. 

12 Two years later the General Assembly passed an act definitely providing 
that all honorably discharged soldiers who had served for a period of two years 
or more should be exempt from further military duty. — Laws of Iowa, 1866, 
p. 132. 



A WAR TIME MILITIA COMPANY 



409 



Iowa State Militia, do solemnly swear that I will support the Con- 
stitution of the United States, and of this State, and bear true and 
faithful allegiance to the same ; that I will promptly obey all orders 
coming to me from the Governor of this State, and in every respect 
faithfully discharge the duties of my said office according to law, 
and obey the orders and commands of my superior officers to the 
best of my ability; and I do further swear that I do not belong to 
any organization, either secret or otherwise, which has for its ob- 
ject opposition to the present war against the States in rebellion, or 
opposition to the Federal Administration in its efforts to prosecute 
said war ; that I have no sympathy with those in rebellion and that 
my desire is to see said war prosecuted with vigor until the rebel- 
lion is crushed and an honorable peace restored ; and to this end I 
will faithfully exert my influence and endeavor to sustain those in 
power. To all this without reservation I fully and cheerfully agree. 

(Signed) Benjamin Bryant 
Subscribed and sworn to by the said Benjamin Bryant on the 
[5th day of Sept. 1864. 

(Signed) E. H. Stiles, 
Notary Public of Wapello County. 

The Muster roll of this war time militia company, which 
is on file in the office of the Adjutant General, reveals the 
aames of loyal citizens most of whom, for various reasons, 
were prevented from participating in the stern realities 
)f war, but who did not hesitate to lend their aid and 
noral support to the Union cause by entering military 
Service at home, thus forming a sort of reserve force of the 
State, prepared to act in case of emergency or necessity. 
Moreover, the roll is valuable for another reason. It pre- 
sents the names of men, nearly all of whom were pioneers 
;>f Adams Township, and of the State of Iowa. Few, if any 
|>f them, are now living. Lieutenant Benjamin Bryant died 

-t his home in Bloomfield, Iowa, on February 15, 1902, and 
jiearly all the other members of the Company have passed 

way before or since that date. 

An examination of this muster roll reveals some interest- 



410 IOWA JOURNAL OF HISTORY AND POLITICS 



MUSTER ROLL OF THE FIRST INDEPENDENT COMPANY OF MILITIA 
ADAMS TOWNSHIP, ORGANIZED IN THE COUNTY OF WAPELLO 
UNDER CHAPTER 84, LAWS OF THE REGULAR SESSION 



OF THE TENTH GENERAL ASSEMBLY OF 







rr\TT"p 

1 J±_hj 


STATE OF 


IOWA 




No 


1 

i Name 


Bank 


I Residence 


Age \Post Offi.ce 


Township 


Nativity 
Kentucky 


1 


Daniel Easley, Jr. 


Captain 


39 


Amador 


Adams 


2 


John B. Lewis 


1st Lieut. 


36 




t ( 


3 


Isaac H. Hornbaker 


2nd Lieut. 


50 




Urbana Tp., Monroe Co. 




1 


Daniel Commons 


1st Sergt. 
2nd ' ' 


32 




Adams 


Ohio 


2 


John B. Lewis 


37 




i ( 




3 


Page White 


3rd " 


41 




C ( 


Kentucky 


4 


John H. Bevins 


4th " 


25 




( I 


Maryland 


1 


Levi West 


1st Corp. 
2nd " 


36 




( I 


New Jersey 


2 


Isaac J. Roberts 


28 




( ( 


Ohio 


3 


John L. Lewis 


3rd " 


18 




i i 


Indiana 


4 


Fletcher Blake 


4th " 


21 




1 1 


Ohio 


1 


Erastus J. Turner 


Musician 


1 Q 

lo 




C I 


Penna 


2 


William Siberel 




18 




( 1 


Ohio 


1 


Allensworth, William 


Private 


18 




I ( 


Virginia 


2 


Abernathee, John 




18 




Urbana Tp., Monroe Co. 


Indiana 


3 


Bellows, William 


'* 


43 




Adams 


INcW crS6y 


4 


Boren, L. D. 




44 




Davis Co. 


Illinois 


5 


Boren, Wm. A. 


1 ' 


19 






< < 


6 


Cornish, William 


1 1 


34 




Adams 


Kentucky j 


7 


Commons, Robert 


* t 


33 


* ' 




Ohio ' j 


8 


Dalrymple, T. 




33 






n j 


9 


Dalton, William 




33 


( i 


i i 




10 


Donehue, John D. 






i ( 


t ( 


ximit i iui 


11 


Garrison, William 


( ( 


44 


i ( 


( i 


Tenn. 


12 


Hendrickson, Elija D. 


1 1 


24 


( c 


( i 


Indiana \ 


13 


La(y)ne, Franklin M. 




25 


( I 


( e 


it 


14 


Lewis, Willard S. 


( i 


44 


i I 


( ( 


Ohio 


15 


Marshal, William 


i ( 


44 


t c 


i i 


< t 


16 


Miller, Alvin » 


1 1 


27 


c c 


I i 


1 1 


17 


Orr, A. 


( c 


32 


C ( 


I t 


c < 


18 


Peck, Evan 


I ( 


34 


( ( 


c c 


( < 


19 


Poland, John 


1 1 


31 


c c 


( I 


Indiana 


20 


Randolph, Joseph F. 


C i 


19 


1 1 


c c 


tt 


21 


Rater, Sidney F. 


< ( 


26 


( ( 


Urbana Tp., Monroe Co. 


tt 


22 


Siberel, David 


i ( 


44 


( c 


Adams 


Ohio 


23 


Stocker, Alvin 


I ( 


29 


( ( 


Urbana Tp., Monroe Co. 


t < 

1 


24 


Simmons, Nathan 


( ( 


30 


1 1 


Adams 










25 


Wood, James M. 
Wood, Zepheniah 


C I 


30 


C I 


t ( 


Indiana 


26 


I i 


24 


( c 






27 


Whitehare, Frederick 


I c 


38 


{ ( 


i i 


Prussia 1 


28 


Well man, Michael 


( I 


35 


I i 


1 1 


Kentucky 


29 


Wilson, Joseph R. 


t c j 


23 1 


C ( 


t ( 












30 


White, A. 




18 1 


C ( 


11 


Kentucky j 



A WAR TIME MILITIA COMPANY 



411 



ing facts. It will be seen that Kentucky contributed the 
three commissioned officers of the Company, Easley, Bry- 
ant, and Hornbaker; one non-commissioned officer, Page 
White, and in addition to these officers, furnished three pri- 
vates. Thus Kentucky's total quota amounted to seven 
men. Ohio contributed fifteen men, Indiana ten, Illinois 
two, New Jersey two, Maryland one, Pennsylvania one, Vir- 
ginia one, Tennessee one, while one was a native of Prussia, 
and the nativity of two others is not given. 

It does not appear that the First Independent Company 
of Adams Township ever engaged in any notable military 
exploits, or that it ever performed any military service 
other than that of meeting and drilling at stated intervals 
as required by law. 13 An event occurred in October, 1864, 
however, which aroused the company to unusual activity 
and might have led to active .operations had not fate decreed 
otherwise. This event, which transpired in the adjoining 
county of Davis, produced widespread alarm and conster- 
nation throughout that county and the adjacent counties. 

On the 12th of October a thoroughly organized band of 
guerillas consisting of perhaps fifteen or twenty men pene- 
trated Davis County and ruthlessly murdered a number of 
citizens, besides committing other depredations. The sud- 
denness of the appearance of this armed force within the 
borders of Iowa, and the deadly character of its work, as 
above indicated, occasioned great alarm throughout the 
vicinity of the raid. The report of the invasion spread like 
wildfire and it was soon rumored that General Price's army, 
then operating in Missouri, had invaded the State. On the 
night of October 12th, Captain Easley and Lieutenant Bry- 
ant of the First Independent Company of Adams Township 

is The writer's eldest brother, Francis A. Bryant, although then but little 
past thirteen years of age, but being quite tall for one of his years, participated 
in the drills of the company although his extreme youth excluded him from 
becoming an actual member. 



412 IOWA JOURNAL OF HISTORY AND POLITICS 



made a sort of Paul Revere ride throughout the township, 
notifying the men of their command to meet at the usual 
place of rendezvous on the ensuing morning to assist in re- 
pelling the supposed invasion. They soon found that their 
services were not needed, however, as the invaders departed 
from the State as precipitately as they had entered it. 

This guerrilla band, presumably under the command of 
Quantrell, entered the State near the Southeast corner of 
Davis County and made their way thence across the south- 
ern border of the county to a point near the Southwest 
corner. They then retreated into Missouri from whence 
they had come, leaving a trail marked with blood. 

Near the point of their entrance into Davis County the 
guerrillas stopped at the home of Wm. Power whose son, 
W. W. Power, then a youth fifteen or sixteen years of age, 
they ordered to mount a horse and accompany them; but 
after traveling some distance they released him. 14 Why 
they compelled the young man to accompany them, or why 
they afterward released him, can never be known. 

Passing on, the invaders arrived in the vicinity of Spring- 
ville, where they met Thomas Hardy, a respected citizen, 
driving along the public highway in a wagon drawn by a 
very valuable team of horses. The leader of the guerrilla 
band, drawing a revolver, ordered Mr. Hardy to get out of 
the wagon, and stated that the guerrillas desired the team 
of horses. Mr. Hardy stood up in the wagon and refused 
to surrender the team, saying that he wanted it himself. 
The leader of the band again ordered him to dismount from 
the wagon and give up the horses, which order he again re- 
fused to obey. Thereupon the guerrilla immediately shot • 
and mortally wounded Hardy, who fell from the wagon and I 
expired. Taking possession of the team, the guerrillas the! | 
continued their march. 

14 Mr. W. W. Power now resides at Bloomfield, Iowa. 



A WAR TIME MILITIA COMPANY 



413 



At Springville, near the southwest corner of the county, 
they came to the home of Captain Philip H. Bence of Com- 
pany F, Thirtieth Iowa Volunteer Infantry, who was then 
at home on a furlough. They ordered Captain Bence to 
come out of the house, which order he obeyed. Probably 
divining the character of the individuals confronting him, 
he requested them not to kill him in the presence of his wife 
and two little boys. They ordered him to mount a horse, 
and continuing their march, they arrived at the home of 
Mr. David Sanderson, whom they also forced to accompany 
them, and ordered him to mount the same horse upon which 
Captain Bence was riding. 15 

The guerrillas then proceeded along the public highway 
in a southerly direction, their prisoners riding in advance 
as they had been ordered to do. While they were ascending 
a small hill some two or three miles south of Springville, 
Captain Bence in a low voice proposed to Mr. Sanderson 
that they should both quickly dismount from the horse, and 
endeavor to make their escape through the timber and 
underbrush extending from the roadside over the hill. Mr. 
Sanderson, believing that such a course would be fraught 
with grave danger and would probably result in the death 
of both, whereas by awaiting developments they might ef- 
fect an escape by some other less hazardous method, de- 
clined to accede to Captain Bence 's proposal. They had 
traveled but a short distance further when the leader of the 
guerrillas rode up close behind the horse on which Captain 
Bence and Mr. Sanderson were mounted, drew a revolver 
from its holster, and without a word of warning, pointed 
the weapon directly over Mr. Sanderson's shoulder and 

is About ten years ago Mr. Sanderson gave the writer a very graphic account 
of the conduct of the guerrillas from this point until he parted company with 
them. A full report of this invasion was also transmitted to the office of the 
Adjutant General, soon after the event occurred. — See Eeport of the Adjutant 
General (Iowa), 1864-1865, pp. 1417-1428. 



414 IOWA JOURNAL OF HISTORY AND POLITICS 



pulled the trigger. The ball from the revolver penetrated 
the back of Captain Bence's head and he fell to the ground. 

The suddenness of the act and the shock caused by the 
report of the gun also caused Mr. Sanderson to fall from 
the horse, and his first impression was that he himself had 
been shot. This he soon discovered was erroneous and he 
rose to his feet. The leader of the guerrilla band then dis- 
mounted from his horse and approached Captain Bence 
where he lay writhing in the dust. After Bence had fallen 
to the ground, he raised himself on his right elbow and 
turned partly over, in an attempt to rise. The next moment 
the guerrilla leader placed the muzzle of his revolver close 
to the top of Captain Bence's head and again pulled the 
trigger. The ball crashed into the brain of the wounded 
man, the struggling immdiately ceased, and Captain Bence 
lay dead before his half bewildered companion. 

The guerrilla then turned to Mr. Sanderson, and coldly 
ordered him to face about. Fully believing that he himself 
was next to be the victim of the assassin's bullet, Mr. San- 
derson with palpitating heart faced about. To his great 
surprise, he was ordered to depart immediately, "and not 
look back;" an order which he obeyed literally and with 
great alacrity. The guerrilla band then made its way as 
rapidly as possible out of Iowa and back into Missouri. 

The death of Captain Bence, who was a gallant and ef- 
ficient officer, was greatly deplored by all who knew him. 
He had enlisted on the 13th day of August, 1862, was pro- 
moted to First Lieutenant on March 29, 1863, and to Captain 
on April 3, 1 864, was slightly wounded at Atlanta, Georgia, 
on July 28, 1864, and was killed by guerrillas on October 
12, 1864. 1(J 

Thomas Julian Bryant 

Griswold, Towa 

wB08ter of Iowa Soldiers, Vol. Ill, p. 149(5. 



EMIGRATION FROM IOWA TO OREGON IN 1843 



In spite of the great distance which separates the two 
regions there are many points of contact in the history of 
Iowa and the history of the Oregon country — the area now 
included in the States of Washington and Oregon. Espe- 
cially interesting is the fact that a number of the men and 
women who helped to found the earliest communities within 
the present State of Iowa at an early day joined emigrant 
bands and toiled over the long trail to Oregon, thus be- 
coming pioneers of two Commonwealths. Scarcely had the 
eastern border of Iowa been settled before many of the 
settlers who had so lately crossed the Mississippi began to 
look to the far West, to the much-discussed Oregon country. 

There had been tides of emigration to Oregon from the 
Mississippi Valley and from the eastern States in 1841 and 
1842, but the movement seems to have attracted special 
interest in Iowa in the spring of 1843. Emigrant associa- 
tions were formed, plans were made, routes were investi- 
gated, and finally a number of settlers from different parts 
of the Territory of Iowa departed for the Oregon country. 
In some cases it may have been pure love of adventure or 
the desire of the typical American frontiersman to escape 
the restraints of advancing civilization which induced these 
men to brave the dangers and hardships of the long over- 
land journey. The hope of bettering their financial con- 
dition and of gaining better homes may have attracted 
others to the new Northwest. But aside from these per- 
sonal motives there seems to have been a patriotic desire on 
the part of many to aid in the movement to settle the 
Oregon country and thus establish forever the claim of the 
United States to that rich and resourceful region. 



415 



416 IOWA JOURNAL OF HISTORY AND POLITICS 



Below are printed accounts of the organization of two of 
the so-called Oregon Emigrant Associations, together with 
instructions to prospective emigrants, copied verbatim from 
newspapers of the period. These accounts illustrate the 
earnestness of the emigrants and the thoroughness with 
which they made preparations for the overland journey. 



OREGON MEETING 

[The following account of a meeting in Johnson County is reprinted literally 
from the Iowa Capitol Beporter (Iowa City), Vol. II, No. 14, March 11, 1843. 
— Editor.] 

At a meeting held on the 3d of March, 1843, of the citizens 
of Clear Creek precinct, Johnson County, at the house of 
Mr. A. Gilliland, for the purpose of taking into considera- 
tion the propriety of organizing a company to emigrate to 
Oregon, and devise rules by which said company shall be 
governed. The meeting was organized by calling John 
Conn, Esq., to the chair, and choosing Bryan Dennis 
Secretary. Mr. Gilliland then explained the object of the 
meeting and presented a series of resolutions for the con- 
sideration of the meeting, which underwent several amend- 
ments and were adopted as a guide for the formation of a 
constitution. 

Resolved, That the company shall draft and adopt a con- 
stitution for their government which shall provide for elect- 
ing the following officers and denning their duties, viz: 
one President, two Vice Presidents, four Trustees, one 
Recording Secretary, and one Corresponding Secretary, 
who shall be Treasurer ex-officio. 

Resolved, That it shall be the duty of the Trustees to 
inquire into the character of all applicants who wish to join 
the company, and reject all intemperate and immoral char- 
acters. They shall also open books to receive subscriptions 
of stock, consisting of shares of fifty dollars each to be paid 



EMIGRATION TO OREGON 



417 



in cash materials or labor, as will best suit the subscribers 
for the purpose of building a grist and saw mill for the 
company, and also a schooner or sloop, if funds sufficient 
can be raised. 

Eesolved, That as soon as the company shall number 
twenty male members between the ages of eighteen and 
forty -five, they shall hold an election and elect one Captain 
and five subordinate officers, whose duty it shall be to drill 
and command the company. After the above officers are 
elected, the company shall meet once per month for the 
purpose of drilling said company. 

Eesolved, That before the company commences their 
march, they shall elect a council of twelve persons who shall 
assemble in council with the officers of the company, who 
shall deliberate on and decide all matters pertaining to the 
company during their march. 

Resolved, That there shall be hunting parties chosen who 
shall hunt for the company alternately while on their march. 

Resolved, That each family and single person shall fur- 
nish a sufficient quantity of provisions and means of con- 
veyance for the same and themselves while on their march. 

Resolved, That the male members of the company be- 
tween the ages of eighteen and forty-five shall be dis- 
ciplined, armed and equipt to act on the defensive if 
necessary. 

Resolved, That a committee of seven be appointed by 
the meeting to draft a constitution and report at the next 
meeting. 

Resolved, That the following persons shall constitute 
said committee: A. Gilliland, John Conn, Bryan Dennis, 
d N. Headley, G. K Frost, David Switzer, Asa Caukin 
[Calkin]. 

Resolved, That the proceedings of this meeting be signed 
by the Chairman and Secretary, and published in both of 
the newspapers of Iowa City. 



418 IOWA JOURNAL OF HISTORY AND POLITICS 

On motion, the meeting adjourned until the 18th instant, 
to meet at the house of Ja[r]vis H. Frost at 12 o'clock, M. 

JOHN CONN, Ch'n. 
BRYAN DENNIS, Sec. 



OREGON EMIGRATION MEETING 

[The proceedings of the adjourned meeting above provided for are reprinted 
literally from the Iowa Standard (Iowa City), Vol. Ill, No. 16, March 23, 
1843 — Editor.] 

A meeting of the citizens of Clear Creek, favorable to the 
settlement of Oregon Territory, was held at the house of 
Jaevis H. Fkost, on Saturday, the 18th inst. The meeting 
was organized by the election of the customary officers, 
when A. Calkins, Esq., briefly stated the object of the 
meeting — it being called for the purpose of hearing and 
considering the report of a committee appointed at a pre- 
vious meeting, to draft a Constitution and By-laws, for the 
formation, regulation, and government of an Oregon Emi- 
gration society. 

Mr. Calkin from the committee appointed for that pur- 
pose, reported the following : — 

CONSTITUTION OF THE OREGON EMIGRATION SOCIETY OF IOWA 
TERRITORY, AT IOWA CITY. v 

Whereas a number of the citizens of Iowa Territory, have 
it in contemplation to remove to, and settle in the Territory 
of Oregon, west of the Rocky Mountains — and whereas it 
is desirable and necessary, in order to secure union and 
concert of action, insure tranquility, and promote the gen- 
eral welfare, that there should be some fixed and permanent 
rules for the government of the Society, during the prep- 
aration for said removal, and also during its march. We do 
therefore ordain and establish the following Constitution, 
or form of government, and do mutually agree with each 
other, to abide by and support the same. 



EMIGRATION TO OREGON 



419 



ARTICLE I. 

1. The Legislative authority of this society shall be vest- 
ed in four Trustees, and twelve Councilmen, to be elected 
by the male members of this society, entitled to a vote for 
civil officers under this Constitution. 

2. The Trustees shall be elected on the eighteenth day 
of March, eighteen hundred and forty- three, at an election 
to be held for that purpose, at the house of Jarvis H. Frost, 
(provided there shall be fifteen members present who shall 
be entitled to a vote,) who shall hold their office until the 
first Monday of May, A. D. 1843, and until others are chosen 
in their place. 

3. The Trustees and Councilmen shall be elected an- 
nually, on the first Monday in May, and shall hold their 
offices until others are elected in their place. The first elec- 
tion of civil officers shall be held at Iowa City, on the first 
Monday of May, A. D. 1843. Provided there shall be at 
that time forty-five members who are entitled to a vote. 

4. No person shall be eligible to the office of Trustee or 
Councilman, who shall not at the time of his election have 
attained the age of twenty-five years, and be a member of 
this society. 

5. It shall be the duty of the Trustees and Councilmen 
to make, ordain, and publish all such by-laws, rules, and 
regulations, for the government of the society, as in their 
opinion, or the opinion of a majority of the whole number, 
would be expedient and subserve the best interest of, and 
promote the general welfare of the society. 

6. They shall keep a journal of all their proceedings, 
and the yeas and nays'of the members, on any question, 
shall at the desire of any two members be entered on the 
journals. The journals shall at all times be open to the 
examination of any member of the society. 

7. Any member of the Trustees and Council, shall have 



420 IOWA JOURNAL OF HISTORY AND POLITICS 



the liberty to dissent from and protest against any act or 
resolution which he may think injurious to the general wel- 
fare of the society, or any individual, and have the reasons 
of such dissent entered on the journal. 

8. They shall have power to provide for the incidental 
expenses of the society, by levying a tax, or establishing an 
initiation fee — to audit all accounts, and make appropria- 
tion for the same; and no payment shall be made by the 
treasurer, except upon the appropriation of the Trustees 
and Council, and order of the President. 

9. They shall also, when on the march, meet in council, 
and consult with the military officers of the company, and a 
majority of the whole shall determine the course to be pur- 
sued in any case of emergency. 

10. They shall have power to appoint hunting parties 
from time to time, while on the march, (whose duty it shall 
be to hunt and procure game, and provisions for the general 
use of the society,) and to determine their duties and term 
of service. 

11. They shall also have power to impeach, try, and for 
good cause to remove from office the President, or any 
other civil officer who is elected by the society. 

12. They shall also have a general supervision over, and 
regulation of the military, and have appelate jurisdiction 
of any decision of the military officers of the company. 

13. They shall also have power to hear, try, and deter 
mine all complaints against any member of the society, for 
dishonesty, immoral or improper conduct, and to dismiss 
any member from the society who shall wilfully disobey or 
violate any of the provisions of this constitution or the by- 
laws of this society, or be guilty of any immoral, dishonest 
or improper conduct, or for other good cause. 

14. They shall use their influence to encourage the emi- 
gration with this society, of ministers of the gospel, 
teachers, artizans, and physicians. 



EMIGRATION TO OREGON 



421 



15. It shall be the duty of the Trustees especially to 
examine all applicants for admission into the society, and 
shall make report of the result of such examination at each 
regular meeting of the society, and no person shall be 
finally admitted or rejected except by the vote of the soci- 
ety, and no person of intemperate habits, dishonest, or im- 
moral character shall be entitled to admission into this 
society. 

16. The said Trustees shall also open books for the sub- 
scription of stock, as provided in the second resolution 
adopted at a meeting of the citizens, held on the 3d day of 
March 1843, at the house of Archibald Gilleland, and until 
otherwise provided by law, they shall be governed in their 
duties by said resolution. 

ARTICLE II. 

1. The executive power shall be vested in one President 
and two Vice Presidents, who shall be chosen annually on 
the first Monday in May, by the male members of this 
society, entitled to vote for civil officers under this Consti- 
tution, and shall hold their offices for one year, and until 
others are chosen in their places. 

2. It shall be the duty of the President to preside at all 
public meetings of the society, and at all meetings of the 
Trustees and Council, and also, when on the march, at all 
meetings of the Trustees and Council, with the military 
officers of the company. He shall not however, be entitled 
to a vote upon any question before the meeting, except in 
case of a tie, when he shall give the casting vote. 

3. The President shall have power to. nominate, and by 
and with the consent of the Trustees and Council, to appoint 
one Eecording Secretary, who shall be ex-officio clerk of the 
board of Trustees and Council, and one Corresponding 
Secretary, who shall be Treasurer ex-officio. 

4. It shall be the duty of the first Vice President to pre- 

vol. x— 27 



422 IOWA JOURNAL OF HISTORY AND POLITICS 



side in the absence of the President, and in case of a va 
cancy of the office of President, he shall fill the office and 
perform all the duties of the President, until the vacancy 
shall be filled. 

5. It shall be the duty of the second Vice President, to 
preside in the absence of both the President and first Vice 
President. 

6. No person shall be eligible to the office of President, 
or Vice President, who shall not have attained the age of 
thirty years, and be a member of this society at the time 
of his election. 

ARTICLE III. 

1. The military authority of this society shall be vested 
in one Captain, two Lieutenants, and three Sergeants, who 
shall be elected by the male members of this society, be- 
tween the ages of forty-five and seventeen years, whose 
duties it shall be to drill and exercise the company in mili- 
tary tactics, and who shall be elected in the manner pro- 
vided by law. 

2. Every able bodied male member of this society, be- 
tween the ages of forty-five and seventeen years, shall be j 
disciplined, and shall arm and equip themselves, and be 
liable to do military duty, under the rules and regulations 
provided by law, except the civil officers while on the march. 

ARTICLE IV. 

1. Every male member of this society over the age of 
seventeen years, shall be entitled to vote for the election of 
the said civil officers of this society. 

2. In case of a vacancy from any cause whatever, in any 
of the civil offices, there shall be an election held to fill the 
vacancy, at such time and place, as shall be designated by j 
the President, who shall give twenty days previous public J 
notice of the time and place of holding such election, and of 
the office to be filled, by publication in one or more of the 
public newspapers printed in Iowa City. 



EMIGRATION TO OREGON 



423 



3. In case of vacancy in the office of, or in the absence of 
the President, the first Vice President shall give the requis- 
ite notices for such election ; and in case of the absence of 
both the President and first Vice President, then the said 
notices shall be given by the second Vice President. 

article v. 

1. No person shall be entitled to become a member of 
this society who shall not have attained the age of twenty- 
one years, unless he shall at the time of making his applica- 
tion present to the Trustees the written consent of his 
parents or guardian. 

2. No person of intemperate or immoral habits or prin- 
ciples, shall under any circumstances whatever, be admit- 
ted as members of this society. 

3. No Black or Mulatto person shall, in any case or any 
circumstances whatever, be. admitted into this society, or 
permitted to emigrate with it. 

ARTICLE VI. 

The President, Vice Presidents, Trustees, Councilmen, 
and other civil officers, shall be exempt from performing 
actual military service on the march. They shall however, 
fully arm and equip themselves, and when on the march, in 
any case of emergency shall remain with and protect the 
families and baggage. 

ARTICLE VII. 

This Constitution may be altered or amended at any time, 
twenty days previous notice being given by the President, 
by publication in one or more of the public newspapers 
printed in Iowa City, of the time and place of meeting of 
the members of this society, for that purpose: Provided, 
That two thirds of all the members present, shall concur 
therein. 

The above title, preamble, constitution, and by-laws, were 



424 IOWA JOURNAL OF HISTORY AND POLITICS 



unanimously adopted, and a large number of the citizens 
present subscribed their names to the same. 

On motion : Eesolved, That the Society now proceed to the 
election of four Trustees. 

Whereupon, A. Calkin, David Switzer, Israel L. Clark 
and J. L. Frost, were unanimously elected. 

Eesolved, That A. Calkin, Esq., be requested to deliver a 
public address before the society, at its next meeting. 

Eesolved, That the proceedings of this meeting, be pub- 
lished in the newspapers in Iowa City. 

Eesolved, That the meeting adjourn to meet in Iowa City, 
on the first Monday in May next. 



OREGON MEETING AT BLOOMINGTON 

[The following account of a meeting at Bloomington (now Muscatine) is re- 
printed literally from the Iowa Standard (Iowa City), Vol. Ill, No. 17, March 
30, 1843.— Editor.] 

At a public meeting held at the School house in Bloom- 
ington, on Saturday, 19th inst. for the purpose of taking 
into consideration the propriety of organizing a company 
to emigrate to Oregon Territory, the Eev. Geo. M. Hinkle, 
of Louisa county, was called to the Chair, and Wm. F. 
Smith appointed Secretary. The chairman having ex- 
plained the object of the meeting, Mr. Jno. C. Irwin, chair- 
man of the committee appointed for that purpose at a 
previous meeting, made the following Report: 

Your committee who were appointed to draft a report to 
be made to this meeting, beg leave to submit the following, j 
to wit: that from the information they have obtained from 
various sources, they believe the Oregon Territory to be far j 
superior in many respects, to any other portion of the 
United States — they believe it to be superior in climate, j 
in health, in water privileges, in timber, in convenience to f 
market and in many other respects; they believe it to be 1 



EMIGRATION TO OREGON 



425 



well adapted to agriculture and stock raising, also holding 
out great inducements to mechanics of the various branch- 
es ; They would therefore recommend to every person pos- 
sessing the enterprise and patriotic spirit of the true 
American citizen to emigrate to Oregon Territory at as 
early a day as possible, and thereby secure to themselves, a 
permanent and happy home, and to their country, one of 
the fairest portions of her domain. In order to bring this 
subject more fairly before this meeting, your committee 
beg leave to submit the following resolutions for consider- 
ation and adoption. 

Resolved, That the company here forming, start from 
this place (Bloomington,) on the 10th day of May next, on 
their journey to Oregon. 

Eesolved, That the route taken by the company shall be 
from here to Iowa City, from thence to Council Bluffs, and 
from thence to the most suitable point on the road from 
Independence to Oregon, from thence by way of the Inde- 
pendence road to Oregon. 

Resolved, That the company leave or pass through Iowa 
City on the 12th day of May next, and invite other com- 
panies to join, &c. 

Resolved, That each and every individual as an outfit, 
provide himself with 100 lbs. flour, 30 lbs. bacon, 1 peck salt, 
3 lbs. powder in horns or canteens, 12 lbs. lead or shot, and 
one good tent cloth to every six persons. Every man well 
armed and equipped with gun, tomahawk, knife, &c. 

Resolved, That all persons taking teams be advised to 
take oxen or mules, also that [every] single man provide 
himself with a mule or poney. 

Resolved, That we now appoint a corresponding secre- 
tary, whose name shall be made public, whose duty it shall 
be to correspond with individuals in this county and with 
companies at a distance, receive and communicate all the 
information that he may deem expedient. 



426 IOWA JOURNAL OF HISTORY AND POLITICS 



Resolved, That the members of the Association meet on 
the last Saturday in April next, for the purpose of a more 
complete organization. 

On motion of Mr. Purcell, 

Resolved, That the resolutions just offered be taken up 
and read separately, which was agreed to, from the first to 
the seventh article were voted for unanimously, with the 
request that those who wished to join the company, would 
particularly look to the 4th and 5th resolutions. 

On motion of Mr. Irwin, adjourned till 2 o'clock. 
two o'clock, p. m. 

Pursuant to adjournment, the meeting met, and being 
called to order, proceeded to the regular business of the day, 
Rev. Mr. Fisher, Gen. Clark, Rev. G. M. Hinkle, Judge 
Williams, Stephen Whicher, Esq. and J. B. Barker, Esq. 
addressed the meeting with very eloquent and appropriate 
addresses in behalf of those persons who wish to emigrate 
to Oregon. 

On motion of Mr. Irwin, Gen. Clark was requested to act 
as corresponding secretary for the company until its final 
organization and departure for Oregon. Also, that com- 
mittee of three be appointed to act in conjunction with the 
corresponding secretary in the transaction of any business 
for the advancement of the interests of the company. Jno. 
W. Humphreys, Barton Lee, and Tho's Gartland, were ap- 
pointed said committee. 

On motion, Resolved, That the ladies, and all others 
friendly to the settlement of Oregon, be respectfully invited 
to attend and that the Rev. Mr. Hinkle and others be in- 
vited to address the assembly. 

On motion, Resolved, That the proceedings of this meet- 
ing be signed by the Chairman and Secretary, and pub- 
lished in the Bloomington Herald. 



EMIGRATION TO OREGON 



427 



On motion of the Rev. Mr. Fisher, the meeting adjourned 
till Friday 31st inst. 

G. M. HINKLE, Pre't. 

W. F. SMITH, Secy 



ADVICE TO PROSPECTIVE EMIGRANTS TO OREGON 

[The following communication is reprinted literally from the Iowa Capitol 
Beporter (Iowa City), Vol. II, No. 16, March 25, 1843.— Editor.] 

There seems to be at this time a strong inclination on the 
part of many of our citizens to emigrate to the Territory of 
Oregon. It therefore seems to me that a plan of operations 
should be laid out by some person, and I have been anxious- 
ly waiting for full a twelve-month, in the expectation that 
some individual would perform the task, but having been 
disappointed in that expectation, I feel it my interest and 
duty to lay before the public my imperfect plan in hopes 
that some one will thereby be induced to offer amendments 
until the plan of operations shall be perfected. 

I have made every inquiry of those who have visited that 
region of country, and have read all perhaps, that has been 
written, of the character of the country, and have come to 
the conclusion that the distance from Burlington to the 
Council Bluffs is 350 miles — from the Bluffs west, on the 
north side of Big Piatt river, by way of the Pawnee villages, 
to the foot of the Bocky Mountains at the old pass, where 
Captain Bonneville passed with his loaded wagons, is 500 
miles, and no stream to cross except the Loupe fork of 
Piatt. The pass to which I allude is in about latitude 41 
deg. 30 min. north, from thence take a west course, or nearly 
so, to the Wallamet river ; the distance is about 500 miles, 
making in all about 1300 or 1400 miles travel. By an in- 
spection of the maps you will discover that the whole route 
will vary but little from a direct line. 

My plan for outfit, &c. is as follows: — With oxen and 
mules you will travel with a caravan of say 100 persons, 15 



428 IOWA JOURNAL OF HISTORY AND POLITICS 



miles per day, which, if you lose no time, you will accom- 
plish the journey in 100 days, but make reasonable allow- 
ance for accidents and delay, and say 150 days. 

FOE THE OUTFIT AND OKGANIZATION" 

100 men should be armed and equipped with a good rifle 
gun of large bore, carrying not less than 60 bullets to the 
pound — 4 pounds of powder, 12 of lead — (flint locks are 
to be preferred,) caps and flints in proportion — and good 
knife and a small tomahawk. Those who go with a view to 
hunting and trapping ought to have along half a dozen 
traps suitable for catching beaver and otter. Percushion 
guns should have with them a spare tube in case of accident 
of one bursting; also, canteens. As to provisions necessary 
for the journey, say 150 pounds of side bacon, 1 barrel of 
flour, a half bushel of beans, 10 pounds of rice, 20 pounds 
of coffee, 20 pounds of sugar, one year's stock of coarse 1 
and durable cloth, 2 blankets, and to every five men a tent 
the same size and form of the infantry tents in the regular 
army ; they should be made of cotton drilling or dark cloth. 
To every five men there should be a wagon and team suf- 
ficient to transport two thousand pounds, hauled by three 
or four yoke of oxen; they should be shod and spare shoes 
and nails taken along, and a water keg to contain at least 
ten gallons to each wagon ; each man should have the nec- 
essary implements of husbandry to go right to work, and 
each mechanic should take his tools with him ; also in addi- 
tion, each man ought to have a good poney or a mule to 
ride, (if he is able,) & that should be well equiped for pack- 
ing and riding, a Spanish saddle and a picket line to tie I 
your horse when feeding — saddles should have cruppers I 
for this service. In addition, every man should take as [ 
many cows with him as he can get, they are scarce in j 
Oregon, they might be learnt to work in yoke the same as j 



EMIGRATION TO OREGON 



429 



oxen. With this outfit they ought each to have not less than 
from $20 to $50 in cash — when you go to the country your 
labor will produce cash — everything there commands cash, 
and common labor is very high. It will be necessary in such 
a company, that they should be completely organized like a 
company of regular soldiers ; and I would advise that they 
agree (after choosing their officers) that they, while on their 
march thither, shall subject themselves to be governed by 
the rules and articles of war of the United States, so far as 
they shall apply to that service. I would recommend that to 
100 men, they elect one Captain, who should carry a spy 
glass, four Sergeants, and four Corporals — and there 
ought to be a Bugler to give the signals, and if one cannot 
be had, there should be a drum and fife. Guides and buffalo 
hunters will be required who will have to be paid a reason- 
able sum, as it will not do for every one to go hunting and 
shooting at pleasure. 

Prices at this time. — Wheat is nominally worth $1 per 
bushel, beef 6 cents per pound, pork 10 cents, cows are 
worth $50, oxen by the pair $60, horses $35, potatoes 25 
cents per bushel, common labor is worth $35 per month and 
boarding, &c. found. I should recommend those who wish 
to emigrate, to be ready at this place by the first to the tenth 
of May. This route will be found much shorter and easier 
than any other which has been travelled. There are on this 
side of the mountains to cross, first Skunk, Des Moines, and 
then the Missouri,*after that you will cross the Loupe Forke 
of Big Piatt, this last stream is quite shallow at a common 
stage of water, say about from 18 inches to 3 feet — has a 
quick sand bottom, and ought to be crossed with double 
teams and they should be hurried on fast. 

A party of the above description should take with them 
2 good cross-cut saws and 2 whip saws, spikes and oakum 
that in case they could do no better, they could in two days 



430 IOWA JOURNAL OF HISTORY AND POLITICS 



build a ferry boat, say 30 feet long and 10 feet wide, but 
they will hardly be reduced to that necessity, because there 
is no stream on the whole route, except the Missouri river, 
but what you can ford in a common stage of water during 
the summer months — and I believe there is a ferry kept 
at or near the Council Bluffs. Take all the cattle you can, 
they will travel as fast as your teams and keep fat. Also, 
have plenty of seines and fishing tackle, hooks, lines, &c. 

I speak of Burlington as a very suitable point to start 
from, because we have an abundance of the necessary sup- 
plies, and an excellent and very commodious steam ferry 
boat for those who are east of us. Companies ought not to 
be less than fifty efficient fighting men, but 100 would be 
better; there are some Indians who are rather hostile, and 
they might attack a small party for plunder. 

One Who Intends to Emigbate. 

N. B. Newspapers friendly to the enterprise are re- 
quested to give the above an insertion. 



▼ WW*'" Ujf ■ : 
f 

SOME PUBLICATIONS 

Proceedings of the Early Iowa State Bar Association, 1874-1881. 
Compiled by A. J. Small. Iowa City : The Iowa State Bar Asso- 
j ciation. 1912. Pp. 262. Portraits. This volume brings together 
j from widely scattered sources the proceedings of the State Bar 
j Association which existed in Iowa from 1874 to 1881, and which 
\ was probably the first State Bar Association to maintain its exist- 
ence for any length of time. Among the first officers of this Asso- 
I ciation were James Grant, who was the first president, C. H. Gatch, 
0. P. Shiras, Crom Bowen, C. C. Nourse, H. H. Trimble, William 
G. Hammond, and other men prominent in Iowa history. 
Eighty-eight pages in the volume are taken up with the proceed- 
| ings of annual meetings, while the remainder of the book is devoted 
: to the following addresses delivered before the Association: 
Sources of Inspiration in Legal Pursuits, by T. M. Cooley; The 
Progress and Development of the Common Law, by J. M. Love; 
The Relation which the Law and its Administration Sustain to 
General Literature, by E. H. Stiles; The Claims of the Legal Pro- 
fession to General Respect in Civilized Society, by G. F. Magoun; 
Inns of Court and Westminster Hall, by John F. Dillon; The 
Ideals of the Legal Profession, by Samuel Freeman Miller; Pro- 
fessional Ethics, by George W. McCrary; and English Law as a 
Social Science, by J. M. Woolworth. 

Kansas in the Sixties. -By Samuel J. Crawford. Chicago : A. C. 
j McClurg & Co. 1911. Pp. xvii, 441. Portraits. This volume, 
written by the War Governor of the State of Kansas, deals largely 
with military and Indian affairs. At the same time it presents 
an autobiographical account of the career of the author during 
the period of the Civil War and Reconstruction. 

The book is divided into three parts, the first of which deals 
mainly with military operations in Missouri and Arkansas, especial 
attention being given to the part played by Kansas men. Part 



i 



432 IOWA JOURNAL OF HISTORY AND POLITICS 



two is devoted to politics and Indian affairs from 1864 to 1869. 
It is in this connection that the author refers to a charge of cor- 
ruption in the sale of certain Cherokee Indian lands made against 
James Harlan of Iowa, then Secretary of the Interior under 
President Johnson. Although this charge was frequently made 
against- Harlan in political contests it is believed that a study of 
documentary evidence will prove that it was groundless. Part 
three contains an account of incidents connected with the later 
official career of the author. An appendix contains much docu- 
mentary material. 

The book is written in a readable style and presents a personal 
view that is worthy of consideration. But the absence of any 
citation to source material induces the belief that it is more remin- 
iscent than critical in character, and hence it can hardly be ac- 
cepted as an authoritative treatment of the period. 

American Colonial Government, 1696-1765. By Oliver Morton 
Dickerson, Ph. D. Cleveland: The Arthur H. Clark Company. 
1912. Pp. 390. Plates. The title of this volume might be mis- 
leading were it not for the qualifying statement on the title page 
that it is ' ' A study of the British Board of Trade in its relation to 
the American Colonies, Political, Industrial, Administrative". The j 
book is divided into six parts or chapters. The organization and 
personnel of the Board of Trade are discussed in the first chapter. 
The relations of the Board of Trade to other departments of ad- 
ministration, such as the Privy Council, the Secretary of State, the 
administrative boards, the Bishop of London, and Parliament, is 
the subject to which chapter two is devoted. Chapter three deals 
with the difficulties of colonial administration, among which were 
inadequate means of communication, lack of responsibility, the 
weakness of the colonial Governor's position, and the rise of the 
colonial assemblies. The three remaining chapters have to do 
respectively with the imperialistic policy of the Board of Trade; 
the treatment of colonial legislation; and boundaries, trade, de- 
fense, and Indian affairs. A resume of ten pages completes the | 
monograph. 

As is indicated by more than eight hundred footnotes containing 



SOME PUBLICATIONS 



433 



citations to sources as well as a great mass of information supple- 
menting statements in the text, the author has been diligent in his 
search for materials and has exploited many sources hitherto un- 
used. The volume is a distinct contribution to the literature on 
colonial government in America. 

Publications of the Arkansas Historical Association. Vol. III. 
Edited by John Hugh Reynolds. Fayetteville : The Arkansas 
Historical Association. 1911. Pp. 382. In addition to reports 
and proceedings of annual meetings of the Association this volume 
contains fifteen papers dealing with various phases of the history 
of the State of Arkansas. While a majority of the papers deal 
with topics which are especially local in character there are others 
which are contributions to the literature on subjects of general 
interest. Jesse Turner in an extended paper on The Constitution 
of 1836 furnishes a picture of the political intrigues and Congres- 
sional debates often connected with the admission of States into 
the Union, as well as of the methods of drawing up State constitu- 
tions. A brief review of the Suffrage in Arkansas is presented by 
Joseph T. Robinson. A short article on the Legal Status of Negroes 
in Arkansas Before the Civil War, by Jacob Trieber, is also of 
more than local interest. A chapter in the great story of the west- 
ward movement is presented by J. M. Lucey in a paper on the 
History of Immigration to Arkansas. Finally, Samuel W. Moore 's 
monograph on State Supervision of Railroad Transportation in 
Arkansas deals with a problem which has confronted every Amer- 
ican Commonwealth. 

AMEEICANA 

GENERAL^ AND MISCELLANEOUS 

Installments of the List of Works Relating to the West Indies 
may be found in the March, April, and May numbers of the Bulle- 
tin of the Neiv York Public Library. 

A monograph on The Standard Rate in American Trade Unions, 
by David A. McCabe, appears as a recent number of the Johns 
Hopkins University Studies in Historical and Political Science. 



386 IOWA JOURNAL OF HISTORY AND POLITICS 



H. Rousseau, who was born in Lincoln County, Kentucky, 
on August 4, 1818. He received a very limited education 
and in 1833 his father died leaving the family in straitened 
circumstances. In 1839 when he became of age Rousseau 
removed to Louisville, Kentucky, and began the study of 
law. In 1841 he moved to Indiana, was admitted to the bar 
in that State, and began the practice of law at Bloomington. 
He was elected to the State legislature of Indiana in 1844 
and became a very active member of that body. "When the 
Mexican War broke out he raised a company of volunteers, 
as captain of which he served valiantly throughout the war. 
He returned to Indiana in 1847 and served two terms in the 
State Senate. 6 

In 1849 Rousseau returned to Louisville, Kentucky, where 
he very successfully continued the practice of law. He was 
an especially able man before a jury. At the outbreak of 
the Civil War he was one of the men who used their in- 
fluence to induce Kentucky not to join the Confederacy. 
He was at that time a member of the State Senate of Ken- 
tucky, but resigned in 1861 and began raising troops for the 
Union army. He was appointed Colonel of the Fifth Ken- 
tucky Volunteers in September, 1861, 7 and was subsequently 
raised to the rank of Brigadier-General of Volunteers, being 
attached to the army of General Ormsby M. Mitchel. Still 
later he was appointed Major-General of Volunteers. He 
served valiantly in the battles of Shiloh, Stone River, Chick- 
amauga, in the Tullahoma Campaign, and in the movements 
around Chattanooga. From November, 1863, until Novem- 
ber, 1865, when he resigned, he had command of Nashville, 
Tennessee. 

In 1865 Rousseau was elected to Congress from Kentucky 
on the Republican ticket, serving from December 4, 1865, to 

« Biographical Congressional Directory, p. 777. 

7 Appleton's Cyclopaedia of American Biography, Vol. Ill, p. 336. 



ASSAULT UPON JOSIAH B. GRINNELL 



387 



July 26, 1866, when he resigned after being censured for 
personally assaulting Josiah B. Grinnell in the capitol. 
During his short term in Congress he served on the Com- 
mittee on Military Affairs. 8 

Lovell H. Rousseau, therefore, was a man who rendered 
great service to the Nation. Like Grinnell he possessed a 
fearless personality and was staunch in the support of the 
principles which he believed to be right. In spite of state- 
ments which are sometimes made, Rousseau was not a cow- 
ard. His assault upon Grinnell was the result of a hot 
temper and does not portray the real character of the man. 
Judging from their public careers, Rousseau was without 
doubt the abler of the two men, but perhaps from the stand- 
point of personality and general character Grinnell attract- 
ed greater admiration. 

THE DEBATE ON THE FREEDMEN 'S BUREAU BILL 

As proved by the investigating committee of the House 
and by the admissions of Rousseau, there is no doubt as to 
the cause of the assault upon Grinnell. The trouble arose 
out of a debate which took place in the House of Represen- 
tatives on June 11, 1866, relative to the Freedmen's Bureau 
Bill. 9 

This bill was introduced in the Senate on January 5, 
1866, by Lyman Trumbull, Senator from Illinois. It will 
be remembered that the Civil War had just closed and the 
country, especially the South, was still in an extremely 
unsettled condition. Congress had but a short time pre- 
vious to the introduction of this bill passed the constitu- 
tional amendment abolishing slavery. But at the time 
Trumbull introduced his bill that amendment had not yet 
been ratified by two-thirds of the States. Indeed, it was in 

sAppleton's Cyclopaedia of American Biography, Vol. Ill, p. 336. 

9 House Reports, 1st Session, 39th Congress, Vol. I, Beport No. 90, p. 2. 



436 IOWA JOURNAL OF HISTORY AND POLITICS 



American Biography are pointed out by Allen Johnson. In the 
July number Simeon E. Baldwin writes on the subject of The Edu- 
cated Man in Public Office, and Frank Lewis Nason presents a view 
of Political Mexico To-day. Other articles to be found in this num- 
ber are: The Annexation of Korea: An Essay in "Benevolent As- 
similation", by George Trumbull Ladd; and Reasonable Regulation 
of Railroad Rates, by Morrell W. Gaines. 

The Regulation of Railway Rates Under the Fourteenth Amend- 
ment, by Francis J. Swayze, is an article which occupies the open- 
ing pages in The Quarterly Journal of Economics for May. 
National and District Systems of Collective Bargaining in the 
United States are discussed by George E. Barnett. Two other con- 
tributions are : The Powder Trust, 1872-1912, by William S. Ste- 
vens ; and Taxation in China, by E. T. Williams. 

The Failure of the Fourteenth Amendment as a Constitutional 
Ideal, by Charles Wallace Collins, Jr., is an article which opens 
The South Atlantic Quarterly for April. The Elections of 1872 in 
North Carolina, by J. G. de Roulhac Hamilton; The State Uni- 
versity and a National System of Education, by John H. Reynolds; 
and Gideon Welles on War, Politics, and Reconstruction, by Wil- 
liam K. Boyd, are other articles of historical interest. 

The American Journal of Sociology for May is opened by an 
article on Race Psychology : Standpoint and Questionnaire, with 
Particular Reference to the Immigrant and the Negro, by W. I. 
Thomas. Other contributions are: Ethnic Census in Minneapolis, 
by Albert Ernest Jenks ; Infant Welfare in Germany and Belgium 
— General Conclusions, by Charles Richmond Henderson; and 
Socialism in the Light of Social Science, by Albion W. Small. 

Efficiency in City Government is the general topic discussed in 
the May number of The Annals of the American Academy of Polit- 
ical and Social Science. The need for efficiency in municipal gov- 
ernment, efficiency principles applied, bureaus of municipal re- 
search, and training for municipal efficiency are the subjects under 
which the numerous papers, written by experts, are grouped. The 
supplement to this number of the Anrtals is devoted to Timber 
Bonds as Investment Securities. 



SOME PUBLICATIONS 



437 



Charles A. Beard is the author of a little volume entitled The 
Supreme Court and the Constitution, which was published in June 
by The Macmillan Company. The seven chapters in the book are 
devoted to arguments in support of the thesis that the framers of 
the federal Constitution intended that the Supreme Court should 
pass upon the constitutionality of acts of Congress. Copious quo- 
tations from the writings and speeches of the 11 fathers" supple- 
ment the arguments of the author. 

Governmental Regulation of Insurance in Canada is the subject 
of an article by Avard Longley Bishop in The American Political 
Science Review for May. Two other articles are: The Parliament 
Act of 1911, by Alfred L. P. Dennis; and The New Role of the 
Governor, by John M. Mathews. The subjects discussed in the 
Notes on Current Legislation, edited by Horace E. Flack, are the 
British national insurance act, civil service, legislative investiga- 
tions, reports of occupational diseases and accidents, and State fire 
prevention. 

The Journal of American History for the first quarter, 1912, is 
printed in two parts or sections. Among the articles in the first 
part are: Washington's Old World Ancestry, by Mabel Thacher 
Eosemary Washburn; John Tyler's Plan to Prevent the Catastro- 
phe of the Civil War, by Stephen Farnum Peckham; Interstate 
Controversies Arising from Injuries to Commerce, Navigation and 
Public Health, by George Cowles Lay; and Our Duty to the Im- 
migrant, by Terrence V. Powderly. Part two is largely taken up 
with descriptions and illustrations of pageants and other celebra- 
tions commemorating the anniversaries of the founding of various 
cities and towns in Vermont. 

Arthur Wallace Dunn is the writer of an article entitled Cam- 
paigning for the Nomination, which appears in the May number 
of The American Review of Reviews. Among the other articles in 
this number are : Causes of Waste and Inefficiency in National 
Government, by Frederick A. Cleveland; and The Organization of 
the Electorate, by William Watts Folwell. In the May number 
may be found the following contributions on political subjects : The 

vol. x — 28 



438 IOWA JOURNAL OF HISTORY AND POLITICS 



Convention System and the Presidential Primary, by C. S. Potts; 
Mr. Roosevelt's Recall of Judicial Decisions: A Lawyer's Com- 
ments, by Harold Remington ; What Have we Done in Porto Rico, 
by Forbes Lindsay; and A World's Object Lesson from the British 
Democracy, by W. T. Stead. Albert Shaw very appropriately 
writes a sketch of the career of William T. Stead, which appears in 
the June number. Roosevelt and the Third Term is the subject of | 
an unsigned article; C. S. Potts discusses The Unit Rule and the 
Two-Thirds Ride in their relation to the Democratic party; and 
Holland Thompson presents the first chapter of a discussion of 
Big Business and the Citizen. 

The fourth and fifth installments of the monograph on The Quest 
of El Dorado, by J. A. Manso, appear in the Bulletin of the Pan 
American Union for April and May, respectively. The fourth 
chapter deals with the expeditions of Antonio de Berrio, the Fran- 
ciscan lay brothers, and Nuflo de Chaves ; while chapter five is de- 
voted to the expedition of Sir Walter Raleigh. In the April num- 
ber of the Bulletin may also be found a description of Xochicalco, 
by Francis Baillie Purdie, which is one of the series of articles on 
Ancient Temples and Cities of the New World which has been ap- 
pearing in the Bulletin. 

Frederick Pollock's lectures on The Genius of the Common Law 
are continued in the April, May, and June numbers of the Co- 
lumbia Law Review. In the April number Edwin M. Borchard 
writes on Jurisprudence in Germany, and William C. Coleman dis- 
cusses The Commerce Clause and Intrastate Rates. Two articles in 
the May number are: The Alienability of the State's Title to the 
Foreshore, by Royal E. T. Riggs; and The Rights of the Defrauded 
Customer of an Insolvent Broker, by Garrard Glen. I. Maurice 
Wormser is the writer of an article entitled Piercing the Veil of 
Corporate Entity, which appears in the June number where may 
also be found a discussion of Martial Law, by Henry Winthrop 
Ballantine. 

The Proposed National Eight-Hour Law, by James A. Emery; 
and The Relation of Industrial Combinations to National Welfare, 
by John Kirby, Jr., are articles in the April number of American 



SOME PUBLICATIONS 



439 



Industries. In the May number, among other articles are the fol- 
lowing brief sketches: The New "Chamber of Commerce of the 
United States of America", by A. H. Baldwin; and Patent Rights 
and the Courts, by Charles M. Haynes. Here may also be found 
an excellent digest of workmen's compensation acts passed by State 
legislatures in 1911. Among the articles in the June number are: 
Politico -Industrial Conditions, by John Kirby, Jr. ; Legislation 
and Business, by James A. Emery; The Necessity for Currency 
Reform, by Irving T. Bush; Workmen's Compensation for Acci- 
dents, by Frank E. Law; and The Establishment of Industrial 
Peace, by Joseph W. Bryce. 

Jonathan Trumbull — The Evolution of an Administrator, by 
Forrest Morgan ; The Great Carrying Place, by Edgar W. Ames ; 
and Historical San Jose, by Mary McCrae Cutler, are among the 
contributions in Americana for March. Articles in the May num- 
ber are: The United States and the Movement for International 
Arbitration and Peace, by Victor Hugo Duras; Washington's 
Headquarters at Morristown, by Josiah C. Pumpelly; The Irish 
Chapter in American History, by Thomas S. Lonergan; and some 
statistics relative to the Indians in the United States taken from 
census reports. The chapters of Brigham H. Robert's History of 
the Mormon Church which appear in these numbers contain much 
material relative to the crossing of Iowa by the Mormons. 

A Draft of a Frame of Government is the subject of an article by 
Theodosius Stevens Tyng, appearing in the June number of the 
Political Science Quarterly, which in the words of the author, "is 
an attempt to bring together in the form of a state constitution 
some results of the world's experience in popular government which 
seem likely to be helpful in bringing about fuller control by the 
people, and greater efficiency in the work of their servants, than we 
now have." Then follows the first installment of a study of the 
Separation of Powers: Administrative Exercise of Legislative 
and Judicial Power, by Thomas Reed Powell. Other articles are: 
Interest and Profit in Rate Regulation, in which the practice of the 
Wisconsin Railroad Commission is discussed by Howard T. Lewis; 
The British National Insurance Act, by Edward Porritt ; and The 
Mexican Revolution: Its Causes and Consequences, by L. S. Rowe. 



440 IOWA JOURNAL OF HISTORY AND POLITICS 

A new periodical known as the National Municipal Review to 
be published quarterly by the National Municipal League made 
its initial appearance in January. The high standard set for the 
magazine is indicated by the following articles which, among others, 
appeared in the first issue: American Municipal Tendencies, by 
Clinton Rogers Woodruff; Effective Municipal Government: A 
Study of the City of Frankfort-on-the-Main, by William Dudley 
Foulke ; and The Defeat of the Tammany-Gaynor Charter, by Law- 
rence Arnold Tanzer. The same standard is maintained in the 
April number in the following articles: The Modern Chamber of 
Commerce, by Ryerson Ritchie; Commission Government: Its 
Strength and its Weakness, by Martin A. Gemiinder ; The Thraldom 
of Massachusetts Cities, by Harvey N. Shepard ; Civic Surveys, by 
Thomas H. Mawson; and Conservative Aspects of the Recall, by 
H. S. Gilbertson. In addition to the more extended discussions 
there are departments devoted to Short Articles, Reports and Docu- 
ments, Current Municipal Legislation, and Events and Personalia. 

WESTERN 

Numbers in the series of Anthropological Papers of the Ameri- 
can Museum of Natural History recently issued are: Jicarilla 
Apache Texts, by Pliny Earle Goddard; String-Figures from Pato- 
mana Indians of British Guiana, by Frank E. Lutz ; and Ceremonial 
Bundles of the Blackfoot Indians, by Clark Wissler. 

Bulletin 47 issued by the^Bureau of American Ethnology consists 
of A Dictionary of Biloxi and Ofo Languages Accompanied with 
Thirty-one Biloxi Texts and Numerous Biloxi Phrases, prepared 
by James Owen Dorsey and John R. Swanton. The three hundred 
and forty pages of the volume are divided almost equally between 
the dictionary and the texts and phrases. 

Among the articles in the January-February number of The 
American Antiquarian and Oriental Journal are the following: 
Antiquarian Southwest England, by W. Fenwick; When North 
America ivas Settled, by Charles Hallock; Ethnic Nomenclature, 
by N. Kolkin; Cayuga Notes, by Grace E. Taft; The Dawn of 
Architecture, by Felix J. Koch; and Comparative Mythology, by 
Wake man Ryno. 



SOME PUBLICATIONS 441 

The Graduate Magazine of the University of Kansas for May 
opens with a brief biographical sketch of Elial J. Bice, First of the 
University Faculty, by Lillian Ross Leis, who was the first student 
enrolled in the University. Two articles dealing with the early his- 
tory of literary societies at the University of Kansas are : Who Was 
Who in Early Literary Societies and to what Purpose, by Glen 
Miller ; and The Oreads Were in Earnest, by J. H. Long. 

In an article entitled The Quick in the "Dead", which appears 
in the April number of The University of California Chronicle, 
Herbert Putnam points out the importance of preserving in libra- 
ries material which at present may seem useless. He cites many 
instances in which obscure and apparently valueless books have 
later furnished information that has settled important disputes. 
Forests and American History is the subject of an interesting ar- 
ticle by Hugo Winkenwerder. 

The Quarterly Journal of the University of North Dakota for 
April opens with A Sketch of the Early Political Parties in the 
United States, by Orin G. Libby. The Remaking of Egypt — The 
Nile Irrigation Project is discussed by Wallace Nelson Stearns. 
John Morris Gillette points out the Nature of the Rural Social Prob- 
lem, and Andrew Franklin Hunsaker describes the Government in 
the Panama Canal Zone. The July number of the Quarterly Jour- 
nal is devoted to articles dealing with education and the school 
system in North Dakota. 

IOWANA 

A second installment of A. Marston's discussion of A System of 
Industrial Education for Iowa is to be found in the May number of 
Iowa Factories. 

In the April, May, and June numbers of The American Free- 
mason appear continuations of John Yarker's discussion of Some 
Neglected and Difficult Points of Masonic History; and Chiefly of 
the Ancient or Jacobite Masonry. 

A volume of over four hundred pages, entitled Iowa Daughters 
of the American Revolution, 1891-1911, has been compiled by Mary 



442 IOWA JOURNAL OF HISTORY AND POLITICS 



H. S. Johnston. The book contains a list of all the officers of the 
organization since 1891, the programs and proceedings of the State 
Conferences, and a list of the chapters in Iowa with a roster of the 
members of each chapter. 

Volume four, number one of the Studies in Sociology, Economics, 
Politics, and History published by the State University of Iowa 
contains a monograph on The Development of Belligerent Occupa- 
tion, by Jacob Elon Conner. 

The June number of The Northwestern Banker contains a list of 
the cities in which the Iowa Bankers Association has held its con- 
ventions since 1887, together with a list of the officers of the Asso- 
ciation since its organization. 

James Black (1868-1870) and George Thacher (1871-1877) are 
the Presidents discussed by Theodore A. Wanerus in the install- 
ments of his series of articles on the Presidents of the University in 
the April and May numbers of The Iowa Alumnus. 

The first installment of a Biography of Alexander Hale Smith, 
by Inez Smith, appears in the May number of Autumn Leaves. 
Under the heading Piano to Independence, via Boston in the June 
number may be found a biographical sketch of Abbie Augusta 
Horton. 

The sixth volume of the Roster and Record of Iowa Soldiers is 
devoted to Iowa men in the Mexican War and the Spanish-Ameri- 
can War, to miscellaneous military organizations, such as the Mor- 
mon battalion, the northern border brigade, the southern border 
brigade, and the Spirit Lake Relief Expedition, and to Iowa men 
in military organizations of other States. 

The remarks made by W. W. Baldwin at the noon-day luncheon 
of the Commercial Exchange of Burlington, Iowa, on March 11, 
1912, on the subject of Employers' Liability and Workmen's Com- 
pensation have been published in pamphlet form. The pamphlet 
outlines the main features of the federal employers' liability law 
and of similar laws recently enacted in nine States. 



SOME PUBLICATIONS 



443 



Frank Hayward Kincaid is the editor and compiler of a Register 
of the Society of Sons of the Revolution in the State of Iowa, which 
has recently appeared. The volume contains the constitution of the 
General Society of Sons of the Revolution, the by-laws of the Iowa 
Society, and the membership roll of the Iowa Society. A number 
of excellent portraits of officers and prominent members embellish 
the volume. 

The April number of The Alumnus published at Iowa State Col- 
lege at Ames opens with a paper on Commerce and World Peace, 
by Hugh Webster. A School Master of the Seventies is the subject 
of a brief sketch by Edna Bell Anderson. Two articles in the May 
number are : The College and the Newspapers of Iowa, by Charles 
F. Curtiss; and The Trend of Modern Legislation, by James D. 
Shearer. 

Independence in an Early Bay, by Heman C. Smith; Independ- 
ence Publications, by the same author ; The First Church Romance 
in Independence, by Vida Elizabeth Smith ; The Exodus from J ack- 
son County, by Mark H. Siegfried; Zion in Her Desolation, by 
Heman C. Smith; Memories of Independence, by Vida E. Smith; 
and Independence Stake, by William H. Garrett, are articles in the 
April number of the J ournal of History published at Lamoni by the 
Eeorganized Church of Jesus Christ of Latter Day Saints. 

The London Sliding Scale, by G. A. Gesell ; and Municipal Elec- 
tion Laws of Iowa, by A. W. Osborne, are articles in the March 
number of The City Hall — Midland Municipalities. In the April 
number there is a paper by Don L. Love on Municipal Ownership 
of Public Utilities, and a discussion of The Unification of Municipal 
Accounting, by Fred H. Cosgrove. The paper by Don L. Love is 
continued in the May number, where may also be found the follow- 
ing articles: The Commission Plan of Municipal Government, by 
Emory C. Rice; and Competition for Expert Administrative Posi- 
tions, by Clinton Rogers Woodruff. 

SOME RECENT PUBLICATIONS BY IOWA AUTHORS 

Abbott, Avery, 

Captain Martha Mary. New York : Century Co. 1912. 



444 IOWA JOURNAL OF HISTORY AND POLITICS 



Ames, Edward Scribner, 

Divinity of Christ. Chicago: New Christian Century Co. 
1911. 

Carver, Thomas Nixon, 

Principles of Rural Economics. Boston • Ginn & Co. 1911. 

Religion Worth Having. Boston: Houghton, Mifflin & Co. 
1912. 
Cosson, George, 

The Iowa Injunction and Abatement Law. Washington : Gov- 
ernment Printing Office. 1912. 
Clark, Dan Elbert, 

History of Senatorial Elections in Iowa. Iowa City : The State 
Historical Society of Iowa. 1912. 
Pitch, George, 

My Demon Motor Boat. Boston : Little, Brown & Co. 1912. 
Gabel, Charles E., 

Microscopy and Microscopical Examination of Drugs. Des 
Moines : Kenyon Co. 1912. 
Hillis, Newell Dwight, 

The Battle of Principles, A Study of the Heroism and Elo- 
quence of the Anti-Slavery Contest. New York and Chicago : 
Fleming H. Revell Co. 1912. 
Hughes, R. P. and J. W., 

Young People's Entertainments. Council Bluffs: Monarch 
Printing Co. 1912. 
Hughes, Rupert, 

The Music Lovers' Cyclopedia. New York: Doubleday, Page 
&Co. 1912. 
Kincaid, Frank Hayward, 

Register of the Society of Sons of the Revolution in the State 
of Iowa. Davenport : Edward Borcherdt. 1912. 
Murphy, Thomas D., 

Three Wonderlands of the American West. Boston: L. C. 
Page & Co. 1912. 
Norton, Roy, 

The Plunderer. New York : W. J. Watt & Co. 1912. 



SOME PUBLICATIONS 445 

Page, Charles Nash, 

History and Genealogy of the Page Family. Des Moines : Pub- 
lished by the author. 1912. 
Parrish, Randall, 

Molly McDonald: A Tale of the Old Frontier. Chicago: A. C. 
McClurg & Co. 1912. 
Robbins, C. A., 

Laws Made Plain. Carlville, Iowa : Carlville State Bank. 1911. 
Robbins, Edwin Clyde, 

Selected Articles on the Open versus Closed Shop. Minne- 
apolis : H. W. Wilson Co. 1912. 
Ross, Edward Als worth, 

Changing America: Studies in Contemporary Society. New 
York: Century Co. 1912. 
Russell, Charles Edward, 

Stories of the Great Railroads. Chicago: C. H. Kerr & Co. 
1912. 

The Passing Show of Capitalism. Girard, Kansas: Appeal to 
Reason. 1912. 
Small, A. J. (Compiler), 

Proceedings of the Early Iowa State Bar Association, 1874- 
1881. Iowa City: The Iowa State Bar Association. 1912. 
Turner, Cyrus, 

Eight and One-Half Years in Hell. Des Moines : Published by 

the author. 1912. 
Williams, Henry Smith, 

Science in the Industrial World. New York: Goodhue Co. 

1911. 

Ingenuity and Luxury. New York: Goodhue Co. 1911. 
The Conquest of Time and Space. New York: Goodhue Co. 
1911. 

Williams, Henry Smith (Joint Author), 

The Conquest of Nature. New York: Goodhue Co. 1911. 

SOME RECENT HISTORICAL. ITEMS IN IOWA NEWSPAPERS 

The Register and Leader 

Noble Work Done by Mrs. Tracey in Furnishing Des Moines with 
its First Hospital Facilities, by L. F. Andrews, April 7, 1912. 



446 IOWA JOURNAL OF HISTORY AND POLITICS 



Iowa's Climate Perfect, from View of the Soil Culture Expert, by 
Irving N. Brant, April 28, 1912. 

Long Time Strength of Iowa University, April 28, 1912. 

How the Musquakies Were Driven by Tribal Enemies Out of North- 
eastern Iowa, by 0. H. Mills, April 28, 1912. 

Jonathan Wright Cattell, One of the Noted Pioneers, by L. F. 
Andrews, May 5, 1912. 

Remarkable Natural Rock Formation in Chickasaw County and its 
Historical Significance, by Nellie E. Gardner, May 12, 1912. 

Colonel John N. Dewey, by L. F. Andrews, May 12, 1912. 

J. R. Rollins in the Early Days, by L. F. Andrews, May 19, 1912. 

History of Book Plates in Iowa — Some of the More Striking Ones, 
by Malcolm G. Wyer, May 26, 1912. 

George C. Baker and the Trusts, by L. F. Andrews, June 2, 1912. 

Oldest Grand Jury in Iowa at Dubuque, June 9, 1912. 

Sketch of Life of Dr. Edward J. McGorrisk, by L. F. Andrews, 
June 9, 1912. 

Fifty Miles an Hour on Old Railroads with Wood Burning Engines, 
June 9, 1912. 

How the Lakes in Northern Iowa Got their Names, by L. F. An- 
drews, June 16, 1912. 

Dr. W. H. Dickinson, Honored Pioneer of Des Moines, by L. F. An- 
drews, June 30, 1912. 

The Burlington Hawk-Eye 

In Old Burlington (In each Sunday issue). 

A Former Iowan's Memory of the Battle of Shiloh, by W. P. 

Kremer, April 7, 1912. 
Charles Miller — A Cousin of Abraham Lincoln, April 14, 1912. 
Burlington in the Days before the Bridge, April 21, 1912. 
The War Time Coward, by Robert J. Burdette, April 28, 1912. 
An Ancient Land Mark in Burlington, May 5, 1912. 
Lights and Shadows of a Soldier's Life, by Robert J. Burdette, May 

5 and June 9, 1912. 
Some of Iowa's Favorite Sons, by Eugene Parsons, May 12, 1912. 
Tribute to the late C. L. Poor, May 19, 1912. 



SOME PUBLICATIONS 447 

A Lost Chapter in the History of the Y. M. C. A. in Burlington, 

May 26, 1912. 
Gear and Young, June 2, 1912. 

The Beginning of History in Iowa, by Edgar R. Harlan, June 9, 
1912. 

Sketch of Life of Robert Marshall Hanna, June 16, 1912. 



HISTORICAL SOCIETIES 



PUBLICATIONS 

In addition to continuations The Virginia Magazine of History 
and Biography for April contains a transcript of The Tobacco Acts 
of 1723 and 1729, prepared by C. G. Chamberlayne. 

Two articles in The Medford Historical Register for April are: 
Union Congregational Church, by Henry B. Doland ; and The Wal- 
nut Tree Division of the Stinted Pasture, by John EL Hooper. 

Besides continuations the Maryland Historical Magazine for June 
contains the following articles : Maryland's Share in the Last Inter- 
colonial War, by Arthur Meier Schleisinger ; and The Brengle Home 
Guard, by John A. Steiner. 

Adelaide Curtiss describes The Venerable City of York in the 
opening pages of the Records of the Past for March- April. The 
Burial Mounds at Albany, Illinois, is the subject of an illustrated 
article by William Baker Nickerson. 

A Digest and Revision of Stryker's Officers and Men of New 
Jersey in the Revolutionary War, revised and compiled by James 
Wall Schureman Campbell, has been published by the Society of 
the Cincinnati in the State of New Jersey. 

Among the contents of the April number of the Historical Col- 
lections of the Essex Institute may be found the following articles : 
Hathorne Hill in Danvers, with Some Account of Major William 
Hathorne, by Arthur H. Harrington; and Northfields, Salem, in 
1700, by Sidney Perley. 

Two articles, namely The German Drama in English on the 
Philadelphia Stage, by Charles F. Brede; and Die Literarische 
Geschichte des Milwauheer Deutschen Buhnenwesens, 1850-1911, 
by J. C. Andressohn, are to be found in the January-April number 
of the German American Annals. 



448 



HISTORICAL SOCIETIES 



449 



The January-March number of the Quarterly Publication of the 
Historical and Philosophical Society of Ohio contains the Journal 
of Miss Susan Walker, March 3rd to June 6th, 1862. This brief 
journal furnishes a glimpse of the work carried on among the freed- 
men by Miss Walker and those associated with her. 

The Shelby Raid, 1863, by George S. Grover, is the opening con- 
tribution in the Missouri Historical Review for April. Other ar- 
ticles are : The Battle of Lexington as Seen by a Woman, by Susan 
A. Arnold McCausland; a brief biographical sketch of Daniel 
Boone, by Thomas Julian Bryant; and Scenic and Historic Places 
in Missouri, by Francis A. Sampson. 

The fifth volume of the Monograph Series published by the 
United States Catholic Historical Society consists of volume one of 
a work entitled Three-Quarters of a Century (1807-1882) a Retro- 
spect. The writer is the late August J. Thebaud, and the volume is 
edited by Charles G. Herbermann. This volume deals with political, 
social, and ecclesiastical events in France. 

The January number of the Ohio Archaeological and Historical 
Quarterly contains volume two of The Moravian Records, edited by 
Archer Butler Hulbert and William Nathaniel Schwarze. The 
material here printed consists of The Diaries of Zeisberger Relating 
to the First Missions in the Ohio Basin, which present an interest- 
ing picture of early life and travel in the West. 

Among the contents of The New England Historical and Gene- 
alogical Register for April are : Residents Received and Refused in 
Shirley, Mass., communicated by Horace Edwin Hildreth ; Records 
of the Dresden, Me., Congregational Church, communicated by 
William Davis Patterson; and Benjamin Cleaves f s Journal of the 
Expedition to Louisburg, 1745, copied from the original in the 
possession of the Society. 

A number of interesting papers are to be found in the Proceed- 
ings of the American Antiquarian Society at the annual meeting 
held in Worcester on October 18, 1911. George Lincoln Burr dis- 
cusses New England's Place in the History of Witchcraft. Adolph 



450 IOWA JOURNAL OF HISTORY AND POLITICS 

Francis Bandelier is the writer of an extended description of The 
Ruins of Tiahuanaco in Bolivia. Some Bibliographical Desiderata 
in American History are set forth by William MacDonald. Asia 
and America is the subject of a monograph by Johann Georg Kohl, 
in which the writer discusses the ideas which early geographers had 
concerning the geographical relation between America and Asia. 
These ideas, of course, explain the action and aims of the earliest 
explorers of America. 

The opening contribution in The Quarterly of the Texas State 
Historical Association for April is an article on Diplomatic Re- 
lations of Texas and the United States, 1839-1843, by Thomas Mait- 
land Marshall. The remainder of the Quarterly is practically taken 
up with a second installment of Correspondence from the British 
Archives Concerning Texas, 1837-1846, edited by Ephraim Doug- 
lass Adams. 

Continuations of The Baronies of South Carolina, by Henry A. 
M. Smith ; Abstracts from the Records of the Court of Ordinary of 
the Province of South Carolina, by A. S. Salley, Jr. ; Order Book of 
John Faucheraud Grimke from August, 1778, to May, 1780; and 
Register of St. Andrews Parish, Berkeley County, South Carolina, \ 
copied and edited by Mabel L. Webber, are to be found in the April I 
number of The South Carolina Historical and Genealogical Maga- 
zine. 

The second installment of an Historical Sketch of the Ewing 
Presbyterian Church, by William M. Lanning ; The Erection of the 
Presbytery of New Brunswick, Together with Some Account of the 
Beginnings of Organized Presbyterianism in the American Col- 
onies, by George H. Ingram; and Memorable Places Within the 
Bounds of the United Presbyterian Presbytery of Philadelphia, by 
James Price, are articles in the June number of the Journal of the 
Presbyterian Historical Society. 

After a period of suspension of more than three years The Wash- 
ington Historical Quarterly resumed publication in April. J. N. | 
Bowman, in the opening article discusses The Pacific Ocean and j 
the Pacific Northwest. Stella E. Pearce presents a brief survey of | 



HISTORICAL SOCIETIES 



451 



Suffrage in the Pacific Xorthwest: Old Oregon and Washington, 
which indicates how democratic principles of government have 
gradually been extended in the State of Washington. Eastward 
Expansion of Population from the Pacific Coast is an interesting 
subject discussed by Guy Vernon Bennett. The last article is one 
by Oliver H. Richardson on Mary Queen of Scots in the Light of 
Recent Historical Investigations. Under the heading of Documents 
may be found a number of hitherto unpublished letters, papers, and 
reports relating to the Secret Mission of Warre and Vavasour. 

A full account of The Meeting of the American Historical As- 
sociation at Buffalo and Ithaca is to be found in the opening pages 
of The American Historical Review for April. Four articles to be 
found in this number are: The Establishment of the Committee of 
Both Kingdoms, by Wallace Xotestein; The Quit-Rent System in 
the American Colonies, by Beverley TV. Bond: Saxon-American 
Relations, 1778-1828, by William E. Lingelbach; and The Trent 
Affair, by Charles F. Adams. Under the heading of documents are 
to be found Debates on the Declaratory Act and the Repeal of the 
Stamp Act, 1766, contributed by Charles H. Hull and Harold W. V. 
Temperley. 

Volume five of the History and Proceedings of the Pocumtuck 
Valley Memorial Association contains the proceedings of the Asso- 
ciation at the annual meetings from 1905 to 1911. inclusive. A 
large part of the volume is taken up with biographical sketches, but 
there are a number of other papers among which may be men- 
tioned: Historic Ideals, by Thomas Franklin Waters : Early Hunts- 
town and Chileab Smith, by Charles A. Hall: Samuel Mather, the 
Pioneer Preacher of Deer field, and his English Antecedents, by 
Richard E. Birks: Fort Ancient. Ohio — Was it a Fortress, by 
George Sheldon: Life of the Shakers, by Frederick G. Howes: The 
Mohawk Trail, by John Adams Aiken: and The Old Fort at Pema- 
quid, by G. Spencer Fuller. 

Ka sson's Long Fight for the Xew Capitol, which finally resulted 
in the erection of the present State House at Des Moines, is de- 
scribed by Johnson Brigham in an article in the July, 1911, number 



452 IOWA JOURNAL OF HISTORY AND POLITICS 



of the Annals of Iowa, which recently appeared. A biographical 
sketch of Amos Noyes Currier, by Mrs. Virginia J. Berryhill, will 
be of especial interest to alumni of the State University of Iowa. 
Colonel George W. Crosley relates Some Reminiscences of an Iowa 
Soldier; while Marcelhis Pugsley describes A Plains Adventure of 
an Iowa Man. In the editorial department there is a description 
of a palmetto flag now in possession of the State Historical Depart- 
ment of Iowa, which was captured by Iowa troops at Columbia, 
South Carolina, in February, 1865. 

Chapters ten, eleven, and twelve of Walter Carleton Woodward's 
monograph on The Rise and Early History of Political Parties in 
Oregon, devoted respectively to the political revolution of 1860, the 
events of the year 1860-1861, and the union movement in 1862, may 
be found in the belated December, 1911, number of The Quarterly 
of the Oregon Historical Society. Lester Burrell Shippee is the 
writer of an article entitled An Echo of the Campaign of Sixty. 
Walter H. Abbott points out the importance of the Preservation of 
Indian Names; while T. C. Elliott furnishes editorial notes for a 
letter from Archibald McKinlay to Elwood Evans in which is re- 
lated The Gun Powder Story, describing a romantic incident in the 
early history of the Pacific Northwest. 

Illinois is the subject of an address printed in the April number 
of the Journal of the Illinois State Historical Society in which 
Clark E. Carr traces the main events in the history of the State of 
Illinois. An article on Cairo in 1841, by John M. Lansden, centers 
about incidents connected with Darius B. Holbrook, Charles Dick- 
ens, and Alfred Tennyson Dickens; while The Visit of Alfred 
Tennyson Dickens to Lebanon, Belleville and East St. Louis, No- 
vember 22, 1911, is described by Mrs. Charles P. Johnson. A Sketch 
of the Dubois Family, Pioneers of Indiana and Illinois is furnished 
by Helen L. Allen. Under the heading of The Indian War may be 
found two lengthy letters concerning the Black Hawk War, written 
by William Orr to John York Sawyer. Abraham Lincoln's Substi- 
tute in the Civil War is the title of a three-page sketch by E. S. 
Walker. Walter Colyer contributes a biographical sketch of Walter 
L. Mayo, A Pioneer of Edwards County, Illinois. 



HISTORICAL SOCIETIES 



453 



ACTIVITIES 

The Oklahoma Historical Society held its annual meeting at 
Oklahoma City on June 1, 1912. The officers for the past year 
were reelected, and among other business a plan for marking the 
Irving trail was approved. 

At the annual meeting of the Virginia Historical Society held on 
January 27, 1912, the following officers were elected: W. Gordon 
McCabe, President; Archer Anderson, Edward V. Valentine and 
Lyon G. Tyler, Vice Presidents; William G. Stanard, Correspond- 
ing Secretary and Librarian; David C. Richardson, Recording 
Secretary ; and Robert A. Lancaster, Jr., Treasurer. 

The School of American Archaeology founded at Santa Fe, New 
Mexico by the Archaeological Institute of America has issued an- 
nouncements of its summer session which will be held at Santa Fe 
and at the ruins in El Rito de los Frijoles during August. Archae- 
ological explorations and excavations are being made during the 
present year in Central America, New Mexico, and Utah. 

At the annual meeting of the Texas State Historical Association 
held on March 2nd it was voted that the name of The Quarterly of 
the Texas Historical Association be changed to The Southwestern 
Historical Quarterly. While the magazine will contain as much 
Texas material as in the past it is planned to enlarge its scope to 
include the entire Southwest of the United States. The officers 
elected at this meeting were : A. W. Terrell, President ; Miss Katie 
Daffan, Beauregard Bryan, M. J. Bliem, and Mrs. A. B. Looscan, 
Vice Presidents; Charles W. Ramsdell, Corresponding Secretary 
and Treasurer ; and Z. T. Fulmore and Mrs. D. F. Arthur, members 
of the Executive Council. 

In accordance with an act of the General Assembly of Illinois, 
approved on May 26, 1911, the commission appointed to draw up 
plans and make arrangements for a State Historical and Library 
Building has held several meetings and much progress has been 
made. A praiseworthy feature of the plans as they have pro- 
gressed thus far is the fact that ample provision will be made for 

vol. x — 29 

s. 



454 IOWA JOURNAL OF HISTORY AND POLITICS 



the safe-keeping of the archives of the State. Mr. Waldo G. Leland, 
Secretary of the American Historical Association and an expert 
archivist, spent some time in Illinois at the request of the commis- 
sion and made investigations relative to the archives situation. It 
is hoped by the commission, of which Governor Deneen is the 
chairman and Dean Evarts B. Greene is secretary, and by the 
State Historical Society of Illinois that the centennial of the State 
may be fittingly celebrated in 1918 by the dedication of the pro- 
posed building. 

THE MISSISSIPPI VALLEY HISTORICAL ASSOCIATION 

The fifth annual meeting of the Mississippi Valley Historical 
Association was held at Bloomington, Indiana, May 23-25, 1912. 
The sessions were held in various buildings of Indiana University, 
and there were joint meetings with the History Section of the 
Indiana State Teachers ' Association. Among the many interesting 
papers which were read are the following: The Quakers in the 
Old Northwest, by Harlow Lindley; The Western Reserve in the \ 
Anti-Slavery Movement, 1840-1860, by Karl F. Geiser; The Su- ! 
preme Court and Unconstitutional Legislation — Historical Ori- 
gins, by Andrew C. McLaughlin, President of the Association; I 
Our New Northwest, by Orin Grant Libby ; Be Soto's Line of March 
from the Viewpoint of an Ethnologist, by John R. Swanton; The 
Disintegration and Organization of Political Parties in Iowa, 1852- 
1860, by Louis Pelzer; and The Truth About the Battle of Lake 
Erie, by Paul Leland Ha worth. All of these papers will be pub- 
lished in the Proceedings which will be issued during the winter. 

At the business meeting on the evening of May 24th the fol- 
lowing officers were elected for the ensuing year: Reuben Gold 
Thwaites, President ; James Alton James, First Vice President ; 
Isaac Joslin Cox, Second Vice President; and Clarence E. Carter: 
and Miss Idress Head, members of the Executive Committee. The I 
Secretary reported that the total membership of the Association 
now numbers eight hundred and five, which indicates a steady 
growth since the last meeting. Various committees made reports, 
and a resolution was adopted recommending that members of the , 



HISTORICAL SOCIETIES 



455 



Association, and especially members of the teachers' section; give 
their support to The History Teachers' Magazine. 

The social side of the meeting was well provided for. At the 
close of the evening session on May 23rd a reception was tendered 
to the visiting members of the Association in the Student Building. 
At noon on May 24th a buffet luncheon was given to the visitors 
by the faculty of Indiana University. In the afternoon auto- 
mobiles were provided for a ride around the city and surrounding 
country. Following the evening session there was a reception 
for women and a smoker for men in the rooms of the Student 
Building. 

THE STATE HISTORICAL SOCIETY OF IOWA 

Mr. Clarence Ray Aurner, Research Associate in the Society, re- 
ceived the degree of Doctor of Philosophy at the State University 
of Iowa in June. 

Mr. Thomas Julian Bryant of Griswold, Iowa, a member of the 
Society, is the writer of a brief article on Daniel Boone, which has 
been reprinted from the April number of the Missouri Historical 
Review. 

The Superintendent, Dr. Benj. F. Shambaugh, and the Assistant 
Editor, Dr. Dan E. Clark, represented the Society at the meeting 
of the Mississippi Valley Historical Association at Bloomington, 
Indiana, May 23rd to 25th. Dr. Louis Pelzer read a paper before 
the Association at that time. 

Hon. C. J. Fulton of Fairfield, Iowa, a member of the Society, is 
engaged in compiling a history of Jefferson County. Mr. Fulton 
is making a thorough search for materials and it is anticipated that 
the volume will bring to light many interesting and hitherto un- 
recorded events in early Iowa history. 

The following persons have recently been elected to membership : 
Mr. H. H. Coggeshall, Des Moines, Iowa; Mr. John T. Hamilton, 
Cedar Rapids, Iowa; Mr. D. V. Jackson, Muscatine, Iowa; Mr. 0. E. 
Klingaman, Des Moines, Iowa; Mr. E. E. Pinney, Cedar Rapids, 
Iowa ; Mr. W. W. Ripper, Indianola, Iowa ; Mr. Thurlow T. Taf t, 



456 IOWA JOURNAL OF HISTORY AND POLITICS 

Humboldt, Iowa; Mr. J. 0. Watson, Indianola, Iowa; Mr. Reuben 
W. Anderson, Pulaski, Iowa; Mr. Samuel Bailey, Mount Ayr, 
Iowa; Mr. John T. Clarkson, Albia, Iowa; Mr. George C. Davies, 
Cambridge, Massachusetts ; Mr. Frederic L. Diserens, Cedar Rapids, 
Iowa; Mr. Paul Houghton, Hedrick, Iowa; Mr. Francis A. Heald, 
Cedar Rapids, Iowa; Mr. Thomas A. Kingland, Lake Mills, Iowa; 
Mr. R. A. Lenocker, Dexter, Iowa; Mr. David Meredith, Lynnville, 
Iowa; Mr. J. B. McHose, BoOne, Iowa; Mr. W. S. Reiley, Red Oak, 
Iowa; Mr. J. W. Reeder, Tipton, Iowa; Mr. Ben R. Reichard, 
Marion, Iowa; Mr. Horace Warren, Missouri Valley, Iowa; Mr. 
Omar P. Wyland, Harlan, Iowa ; Mr. J. D. Wardle, Cedar Rapids, 
Iowa ; Mr. James M. Wilson, Centerville, Iowa ; Mr. Jno. F. D. Aue, 
Alton, Iowa; Mrs. A. E. Chesley, Iowa City, Iowa; Mr. John Towner 
Frederick, Corning, Iowa; Mr. Cassius M. Greene, Greene, Iowa; 
Mr. George E. Hilsinger, Sabula, Iowa; Mr. 0. H. Seifert, Eddy- 
ville, Iowa; Mr. Carl Stanley, Corning, Iowa; Mr. Benjamin A. 
Wallace, Rockford, Iowa; Mr. H. L. Waterman, Ottumwa, Iowa; 
and Dr. Charles S. Grant, Iowa City, Iowa. 

RESEARCH WORK IN THE SOCIETY 

Following the plan adopted last year the rooms of The State 
Historical Society of Iowa are once more the scene of great activity 
during the present summer months. Research work along many 
lines is being carried on under the direction of the Superintendent 
by men from a number of schools and colleges in Iowa and other 
States. Six Research Associates have been appointed and will 
spend the greater part of the summer in residence at Iowa City. 
Professor E. H. Downey of Kenyon College, Gambier, Ohio, is 
completing his study of the history of employers' liability and 
workingmen's compensation in Iowa, and is also investigating the 
subject of the control of public utilities in Iowa. Dr. John E. 
Brindley of Iowa State College at Ames, and Secretary of the Iowa 
Tax Commission, has nearly completed a monograph on the history 
of road legislation in Iowa. Mr. Jacob Van der Zee, having com- 
pleted his volume on The Hollanders of Iowa, is making investiga- 
tions along various lines in early Iowa history. A study of the 
problem of poor relief in Iowa is being made by Professor J. L. 



HISTORICAL SOCIETIES 



457 



Gillin, who has recently accepted an associate professorship in the 
University of Wisconsin. Dr. Clarence Ray Aurner has completed 
his History of Township Government in Iowa and has begun work 
on a comprehensive history of education in Iowa to which he will 
probably devote his time for at least two years. Dr. Louis Pelzer 
of the State University of Iowa is engaged in several lines of re- 
search into the early history of the Mississippi Valley, which of 
course includes the history of Iowa. 

Seven Research Assistants have also been appointed and are 
carrying on research work for the Society. Professor F. H. Garver 
of the Montana State Normal College at Dillon, Montana, will com- 
plete his history of county government in Iowa. Work on the 
history of congressional elections in Iowa is being carried on by 
Professor L. B. Schmidt of the Iowa State College at Ames. Mr. 
Louis T. Jones of Penn College is continuing his study of the 
Quakers in Iowa. A monograph dealing with the famous extradi- 
tion case of Barclay Coppoc has practically been completed by Mr. 
Thomas Teakle of Pocatello, Idaho. Later in the summer Professor 
Olynthus B. Clark of Drake University will come to Iowa City to 
devote several weeks to the history of Iowa politics during the 
period of the Civil War and Reconstruction. Mr. Henry J. Peter- 
son of the Iowa State Teachers College at Cedar Falls will continue 
his work on the subject of corrupt practice legislation in Iowa. 
Professor F. E. Haynes of Morningside College will also come to 
Iowa City in August and devote some time to research work for the 
Society. 

In addition to these lines of research the subject of the history 
of municipal government in Iowa is being investigated by Dr. 
Frank E. Horack, the Secretary of the Society. Mr. Clifford 
Powell, the General Assistant in the Society, is continuing his 
History of the Codes of Iowa Law. A history of the settlement of 
Iowa has been begun by Dr. Dan E. Clark, the Assistant Editor. 

The results of all this research work will eventually be published 
by the Society, thereby not only adding to the literature and knowl- 
edge of Iowa history, but, it is believed, furnishing information 
which may be applied to the solution of present-day problems. 



NOTES AND COMMENT 



The eighteenth annual meeting of the Iowa State Bar Association 
was held at Cedar Rapids on June 27th and 28th. 

The third International Congress of Archaeologists will be held 
in Rome during the week of October 9 to 16, 1912. 

The twenty-sixth annual convention of the Iowa Bankers Asso- 
ciation was held at Cedar Rapids on June 5th and 6th. 

The fifth annual meeting of the National Assembly of Civil Ser- 
vice Commissioners was held on June 21st and 22nd at Spokane, 
Washington. 

September 10-12 are the dates for the meeting of the International 
Association for Labor Legislation, which will be held at Zurich, 
Switzerland. 

Professor Karl F. Geiser, formerly of the Iowa State Teachers 
College and now of Oberlin College, is giving instruction at the 
University of Illinois during the summer session. 

Professor John H. Gray of the University of Minnesota is in 
charge of an investigation of methods of control of public utilities, 
which is being conducted by the National Civic Federation. 

An international academy for the study of international law and 
allied subjects, the sessions of which will be held during the sum- 
mer months, will be established at The Hague by the Carnegie En- 
dowment for International Peace. 

At the session of the legislature of the State of Wisconsin in 1911 
a State Board of Public Affairs was created. While the work of the 
Board has to do largely with the financial affairs of the State, it is 
directing investigations of the school system, of immigration to 
Wisconsin, and of the problems of cooperation and markets. 

458 



NOTES AND COMMENT 



459 



The annual meeting of the National Municipal League was held 
at Los Angeles from July 8th to 12th. Among the subjects dis- 
cussed by various speakers were commission government for cities, 
expert assistance in municipal affairs, the regulation of public 
utilities, the operation of the initiative and the recall in cities, and 
the effect of woman suffrage in municipal affairs. 

Indications of an increased interest in efficient and intelligent 
municipal government are to be found in the various State confer- 
ences which have been held. Delegates from a large number of 
Ohio cities met at Columbus on January 24th and 25th. At Albany, 
New York, on January 12th, an organization known as the Munici- 
pal Government Association of New York was formed. Municipal 
conferences were held at Lancaster, Pennsylvania, on January 18th 
and 19th, and at Trenton, New Jersey, on January 3rd. 



CONTRIBUTOKS 



Cliffobd Powell, General Assistant in The State Historical 
Society of Iowa. (See The Iowa Journal of History and 
Politics for January, 1911, p. 149.) 

Jacob Van dek Zee, Research Associate in The State His- 
torical Society of Iowa. (See The Iowa Journal of History 
and Politics for October, 1911, p. 607.) 

Paul R. Abkams, Student in the College of Law of the 
State University of Iowa. Born on December 21, 1890, at 
Audubon, Iowa. Graduated in 1908 from the Iowa City High 
School. Graduated in 1912 from the College of Liberal Arts 
of the State University of Iowa. 

Thomas Julian Bkyant, Member of The State Historical 
Society of Iowa. Member of the State Historical Society of 
Missouri. Born April 27, 1873, at Ashgrove, Iowa. Grad- 
uated from the Southern Iowa Normal at Bloomfield in 1892, 
with the degree of B. S. Graduated from the Law Depart- 
ment of Drake University in 1896. 



THE STATE HISTOEICAL SOCIETY OP IOWA 

Established by Law in the Year 1857 
Incorporated : 1867 and 1892 
• ^ Located a* Iowa City Iowa 4 



P. LOWE 
•JL J. KIEKWOOD 
LEE 
PENN CLARKE 



FORMER PRESIDENTS , . . 
JAMES W, GRIMES, First President ^ 

ROBERT HUTCHINSON GEORGE G. WRIGHT 
M. J . MORSMAN JOSIAH L. PICKARD 

WILLIAM G. HAMMOND PETER A. BEY 



OFFICERS 



BENJAMIN F. SHAMBAUGH . Superintendent 

SANDERS ' 37 ; President 

OIL A. KORAB . Treasurer 

Hfe; HORACE ..... . . Secretary 



Elected by the Society ; 

Ball Arthur J. Cox 

J<gW. Rich Martin H. Det 

EtfCLiD Sanders Henry G. Walker 
*as G. Weld Henry Albert 
S. A. Swisher 




BOARD OF CURATORS 

Appointed by the Governor 

Marsh W. Bailey Byron W. Newberry 
M. F. Edwards A. C. Savage 

J. J. McConnell E. W. Stanton 
John T. Mopfitt W. H. Tbdpord 
J. B. Weaver, Jr. 



MEMBERSHIP 

person may become a member of The State Historical Society op Iowa upon 
by the Board of Curators and the payment of an entrance fee of $3.00. 
embership in this Society may be retained after the first year upon the payment of 
annually. ' , . . - \ ' 

... Members of the Society shall be entitled to receive the quarterly and all other publications 
of the Society during the continuance of their membership. 

Any public, school, or college library in the State of Iowa may be enrolled as a library 
member upon application and the payment of a fee of $1.00. Such library membership may be 
retained after the first year upon the payment of $1.00 annually. Libraries enrolled as library 
members of The State Historical Society op Iowa shall be entitled to receive the quarterly 
and all other publications of the Society issued during the period of their membership. 



THE H 

Iowa Journal 

istoo-Politics 

OCTOBER 1912 




Published Quarterly by 

STATE HISTORICAL SOCIETY OF IOWA 



Vol X 



OCTOBER 1912 



No 



CONTENTS 



History of Congressional Elections in Iowa 

V. Louis B. Schmidt 463 |l 

The Rendition of Barclay Coppoc . Thomas Teakle 503 1 

Some Publications . . . ... . • • 56 

Americana — General and Miscellaneous . r * . . . 57 

Western '. S\ : . . . • • • • * . 575 

Iowana • 57v 

Historical Societies . . \"'.' : . \>r' • . • 5b 

Notes and Comment . ' » v, ; ', • • • ' 5 

Contributors . . . . . • • 6 ?f 

Index i; \ \ . ' • ] - • , • ; ' ' • 

Copyright 1919 oy The State Historical Society of Iowa 'mSM 



THE IOWA JOURNAL OF HISTORY AND POLITICS 

Published Quabtibl y '';vMr|^^V: 1 

AT IOWA CITY -". ^ ' 



6 ClN 



Number t 



INGLE 



THE IOWA JOUBNAL OF HISTOEY AND POLITICS 

OCTOBER NINETEEN HUNDRED TWELVE 
VOLUME TEN NUMBER FOUR 

v 



VOL. X — 30 



HISTOEY OF CONGRESSIONAL ELECTIONS 
IN IOWA 



INTKODUCTION 

The history of congressional elections in Iowa may be 
divided into three distinct periods. The first period dates 
from 1846, when Iowa was admitted into the Union with 
two seats in the House of Eepresentatives, to 1862, when 
the number of Representatives was increased from two to 
six. The second period dates from the reapportionment of 
1862 to the year 1886, when the eleven Congressional dis- 
tricts of the State were established precisely as they are 
to-day. During this second- period the number of Repre- 
sentatives was increased from six to nine in 1872 and from 
nine to eleven in 1882. The third period extends from 1886 
to the present time. 

In this monograph it is proposed (1) to review the laws 
of Congress and of the General Assembly of Iowa govern- 
ing congressional elections in Iowa, (2) to analyze the na- 
tional issues which constitute the real basis of party organ- 
ization in Iowa, and (3) to give an account of congressional 
conventions, campaigns, and elections in Iowa. Consider- 
able attention will be given to the various candidates for 
Congress and the platforms on which they were nominated, 
to the proceedings of conventions, to the method of conduct- 
ing campaigns, and to the significance of election results. 
The record of Iowa Representatives in Congress will also 
be considered in so far as that record may have a bearing 
on the history of congressional elections in Iowa. 

Although the Iowa country had passed under several na- 
tional and local jurisdictions from the time of its explora- 

463 



464 IOWA JOURNAL OF HISTORY AND POLITICS 



tion by Marquette and Joliet in 1673, 1 its local history 
possesses little real political significance prior to 1833. 2 In 
fact the Indians remained in possession of the country until 
September, 1832, when their title to the eastern portion was 
extinguished by the terms of the treaty which closed the 
Black Hawk War. 3 The treaty of 1832 opened the Iowa 
country to a rapid inroad of permanent settlers from all 
parts of the Union. Congress soon recognized the necessity 
of giving these trans-Mississippi settlers some sort of po- 
litical organization through which their public affairs could 
be regulated. Accordingly, by an act of June 28, 1834, 4 the 
area west of the Mississippi River and north of the State 
of Missouri was annexed to the Territory of Michigan 5 "for 
the purpose of temporary government ' \ This act provided 
that the inhabitants of the Iowa country should "be entitled 
to the same privileges and immunities, and be subject to 
the same laws, rules, and regulations, in all respects, as the 
other citizens of Michigan Territory." 

In September, 1834, the Governor and Legislative Council 
of Michigan Territory made provision for local govern- 
ment in the Iowa country by organizing the region to which 
the Indian title had been extinguished by the treaty of 1832 
into the counties of Dubuque and Demoine and the town- 
ships of Julien and Flint Hill. 6 A serious effort was made 
to render this new political organization west of the Missis- 
sippi adequately effective ; but at the end of two years the 
pioneers of Iowa still found themselves largely without the 

1 Weld 's Joliet and Marquette in The Iowa Journal of History and Poli- 
tics, Vol. I, p. 6. 

2 Shambaugh 's History of the Constitutions of Iowa, Chapter V. 

3 Kappler's Indian Affairs, Laws and Treaties, Vol. II, pp. 349-351. 

4 United States Statutes at Large, Vol. IV, p. 701. 

B Established by act of Congress of January 11, 1805.— United States Stat- 
utes at Large, Vol. II, p. 309. 

6 Laws of the Territory of Michigan, Vol. Ill, p. 1326. 



CONGRESSIONAL ELECTIONS IN IOWA 465 

necessary protection of organized government: indeed the 
Territory of Michigan was unable to give its western bor- 
ders the attention demanded. 7 The settlers declared that 
"the only government and laws they knew or cared any- 
thing about in those days were the organization and rules 
of the claim club , \ 8 Thus organized Territorial govern- 
ment in Iowa during the period 1834-1836 "while nominally 
real was in reality only nominal", and Congress, recogniz- 
ing the true situation, established the original Territory of 
Wisconsin in 1836. 9 

The Organic Act creating the Territory of Wisconsin, 
which went into effect on July 4, 1836, provided "That a 
Delegate to the House of Eepresentatives of the United 
States, to serve for the term of two years, may be elected 
by the voters qualified to elect members of the Legislative 
Assembly, who shall be entitled to the same rights and 
privileges as have been granted to the Delegates from the 
Territories of the United States to the said House of Eep- 
resentatives. ' ' The time, place, and manner of holding the 
first election was to be determined by the Governor, and 
thereafter by the Legislative Assembly. 10 

In accordance with the provisions of the Organic Act 
Governor Henry Dodge issued a proclamation directing the 
first general election in the Territory of Wisconsin to be 
held on October 10, 1836. 11 George W. Jones and Moses 
Meeker at once announced themselves as candidates for the 

7 Shambaugh 's History of the Constitutions of Iowa, pp. 68-76. 
s Shambaugh 's History of the Constitutions of Iowa, p. 76. 
» United States Statutes at Large, Vol. V, p. 10. 

10 For a history of political parties in Iowa during the Territorial period 
see Pelzer's The History and Principles of the Whigs of the Territory of 
Iowa and The History and Principles of the Democratic Party of the Ter- 
ritory of Iowa in The Iowa Journal of History and Politics, Vol. V, pp. 
46-90, and Vol. VI, pp. 3-54. 

11 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
I, p. 51. 



466 IOWA JOUKNAL OF HISTORY AND POLITICS 



office of Delegate to Congress. 12 Party lines and issues not 
having as yet been definitely drawn, local and personal con- 
siderations prevailed largely in the brief, though spirited, 
contest which followed. The past record of Jones com- 
mended him to the favor of the people, and he was elected. 
During the ensuing two years Delegate Jones labored dili- 
gently in the interests of the frontier population which he 
represented — securing appropriations, a preemption law, 
and finally an act dividing the original Territory of Wis- 
consin and establishing the separate Territory of Iowa. 13 

The Organic Act of the Territory of Iowa went into effect 
on July 4, 1838. 14 In both form and content it is almost an 
exact reproduction of the Organic Act of the original Terri- 
tory of Wisconsin. The provisions relative to the Delegate 
to Congress are identical. The Territorial Delegate, who 
was to be elected every two years by the qualified voters of 
the Territory, had the right to speak on any question in the 
House of Representatives, but could not vote. He was the 
sole representative of the Territory in Congress. 

Robert Lucas, first Governor of the Territory of Iowa, 
issued a proclamation for the first general election to be held 
on September 10, 1838. 15 Among the candidates who pre- 
sented themselves for the office of Delegate to Congress 
were George W. Jones and William W. Chapman. At the 
close of a vigorous campaign in which local and personal 
considerations again prevailed, Chapman was elected. 
Mr. Chapman held the office of Delegate for two years, 

12 For an account of the origin of Territorial representation in Congress 
and of the Delegates who represented Iowa during the Territorial period, 
see Colgrove's The Delegates to Congress from the Territory of Iowa in The 
Iowa Journal of History and Politics, Vol. VII, pp. 230-265. 

13 For an account of the establishment of the Territory of Iowa see Sham- 
baugh's History of the Constitutions of Iowa, Chapter VI. 

14 United States Statutes at Large, Vol. V, p. 235. 

i- r > Shambangh 's Messages and Proclamations of the Governors of Iowa, Vol. 
I, pp. 209-212. 



CONGRESSIONAL ELECTIONS IN IOWA 467 



during which he gave active attention to the business of 
the Territory including such questions as "disputed land 
claims, preemption rights, the survey and sale of the public 
lands, the securing of appropriations to build roads, bridges, 
and public buildings, and grants of the public domain for 
educational and local government purposes." 16 

The next election of Territorial Delegate occurred in 
1840 — the transition year in Iowa Territorial politics. 
This was the year of the Harrison-Tyler campaign — the 
most enthusiastic and picturesque presidential campaign in 
American history. 17 Although Iowa Territory had no part 
in the national election, the excitement of the campaign in- 
fluenced local politics perceptibly. Local campaign clubs 
were formed ; party lines were more definitely drawn ; Whig 
and Democratic organizations were effected; candidates for 
Territorial offices grouped themselves according to parties ; 
and national questions became the subject-matter of local 
campaign speeches and newspaper discussions. Territorial 
politics now took definite shape with the Democratic party 
in the ascendancy — a position which it was destined to hold 
throughout the remainder of the Territorial period. 

The candidates for the office of Territorial Delegate in 
1840 were Alfred Eich, who was nominated by the "Whigs ; 
Augustus Caesar Dodge, who was nominated by the Demo- 
crats ; and William W. Chapman, who announced himself as 
an independent candidate when he saw himself superseded 
by Dodge in the organization of the Democratic party. The 
campaign which ensued partook of the enthusiasm which 
characterized national politics of this year. At the election 
which was held on October 5th, Dodge was elected for a term 

"J-6 Colgrove 's The Delegates to Congress from the Territory of Iowa in The 
Iowa Journal of History and Politics, Vol. VII, p. 244. 

17 For a discussion of the presidential campaign of 1840 see Stanwood 's 
History of the Presidency, Chapter XVI. 



468 IOWA JOURNAL OF HISTORY AND POLITICS 



which expired on March 4, 1841, as provided by act of Con- 
gress of March 3, 1839. Elections of Territorial Delegates 
occurring thereafter in the odd instead of the even years, 
Dodge again became a candidate for the office in 1841. He 
was nominated by his party and reelected over his Whig 
opponent, Mr. Eich. Dodge's two-year term expired in 
1843. Eeelected in that year, and again in 1845, Dodge held 
the office of Territorial Delegate until Iowa was admitted 
into the Union on December 28, 1846. 18 

During the six years of his career as Delegate to Con- 
gress from the Territory of Iowa, Dodge attended to the 
complex duties imposed on him with diligence and success. 
Among the matters requiring thoughtful consideration were 
congressional appropriations for internal improvements 
and other purposes, 19 the Missouri-Iowa boundary dis- 
pute, 20 and the admission of Iowa into the Union. 21 As 
a Territorial Delegate, Dodge labored under the disadvan- 
tage of not having membership on any committee ; nor did 
he have the power of voting on any bill. In spite of these 
handicaps, he nevertheless secured concessions which mark 
him as a man of accomplishment. 

Thus the Territorial period is important as the period of 
political beginnings. Political parties and party machinery 
are introduced and established during these early years. 
National issues are carried into the arena of Iowa politics 
and constitute the real basis on which political parties in the 
Territory are formed. Protective Tariff, United States 
Bank, Internal Improvements, Public Land Question, Ore- 
gon Question, Mexican War — all these subjects receive 

is Pelzer 's Augustus Caesar Dodge in The Iowa Biographical Series, Chap- 
ter V. 

i» Pelzer 's Augustus Caesar Dodge, Chapter VII. 

20 Pelzer \s Augustus Caesar Dodge, Chapter VI. 

21 Pelzer 's Augustus Caesar Dodge, Chapter VIII. 



CONGRESSIONAL ELECTIONS IN IOWA 469 



their full measure of consideration. Democratic and Whig 
policies are reviewed. Party leaders are praised and con- 
demned. The Democratic party secures the ascendancy 
during this period, and so Iowa is ushered into the Union 
under Democratic control. Finally, it may be said that Iowa 
undergoes the political training and preparation necessary 
for the part which the State is thereafter to play in national 
politics. 

THE CONGKESSIONAL ELECTION OP 1846 

The admission of Iowa into the Federal Union in 1846 
conferred upon the people of the State the right to elect 
Representatives who could not only participate in the dis- 
cussions of the House, but also vote upon proposed legisla- 
tion. All regulations relative to congressional elections 
whether made by Congress or by the State legislature must 
1 conform to the Constitution of the United States which 
i contains the following provisions : 

"The House of Representatives shall be composed of 
i members chosen every second year by the people of the 
several States, and the electors in each State shall have the 
qualifications requisite for electors of the most numerous 
branch of the State Legislature. ' ' 

"No person shall be a Eepresentative who shall not have 
attained the age of twenty-five years, and been seven years 
a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State in which he shall be 
chosen. ' ' 

"Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective numbers.' ' 

"The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each 
State by the legislature thereof; but the Congress may 



470 IOWA JOURNAL OF HISTORY AND POLITICS 



at any time by law make or alter such regulations, except 
as to the places of choosing Senators.' ' 

"When vacancies happen in the representation from 
any State the Executive authority thereof shall issue writs 
of election to fill such vacancies." 22 

The only legislation Congress had enacted in reference 
to the election of Representatives prior to the admission of 
Iowa into the Union in 1846 was an act passed on June 25, 
1842, requiring the States to elect Congressmen by districts. 
This act provided that i ' in every case where a State is en- 
titled to more than one Representative, the number to which 
each State shall be entitled .... shall be elected by 
districts composed of contiguous territory equal in number 
to the number of Representatives to which said State may 
be entitled, no one district electing more than one Repre- 
sentative." 23 But the times, the places, and the manner of 
holding the elections were still under State regulation. 
Should any State fail to enact the necessary legislation it 
would simply be without representation in the House of 
Representatives. 

Having anticipated the admission of Iowa into the Union 
Congress passed an act on August 4, 1846, providing "that 
until the next census and apportionment shall be made, 
the State of Iowa shall be entitled to two representatives 
in the House of Representatives of the United States." 24 
Thus it became the duty of the legislature of Iowa to divide 
the State into two congressional districts and to provide 
for an election in each district. In order, however, that 
Iowa might be represented in Congress immediately upon 
its formal admission into the Union, it was provided in the 
State Constitution that the first election of Representa- 

22 Constitution of the United States, Article I. 

23 United States Statutes at Large, Vol. V, p. 491. 

24 United States Statutes at Large, Vol. IX, p. 52. 



CONGRESSIONAL ELECTIONS IN IOWA 471 



tives should be held at the same time as the election of mem- 
bers of the General Assembly and other State officers. 25 
Iowa's first Congressmen were, therefore, to be elected 
at large instead of by districts. 

The Constitution of Iowa, prescribing the limits of the 
State as they exist to-day, was adopted by the voters of 
the Territory on August 3, 1846. 26 It was understood that 
Iowa would in all probability be admitted into the Union 
during the ensuing session of Congress. The people of 
the prospective State therefore turned their attention to 
the coming election of State and national officers. In ac- 
cordance with the powers vested in him by the Constitution 
of 1846, Governor Clarke issued a proclamation on Sep- 
tember 9th, directing the first State election to be held on 
Monday, October 26, 1846. The proclamation provided 
that the two Bepresentative-s in Congress were to be chosen 
at this time; it enumerated the various State officers to be 
elected, including members of the State Senate and House 
of Representatives ; and it directed that the elections were 
"to be conducted in all respects according to the existing 

25 Constitution of Iowa (1846), Article XIII, Section 6. 

This section makes the following provisions governing the first general 
election: "The first general election under this constitution shall be held 
at such time as the Governor of the Territory, by proclamation, may appoint, 
within three months after its adoption, for the election of a Governor, two 
Eepresentatives in the Congress of the United States (unless Congress shall 
provide for the election of one Eepresentative,) members of the General As- 
sembly, and one Auditor, Treasurer, and Secretary of State. Said election 
shall be conducted in accordance with the existing laws of this Territory; 
and said Governor, Eepresentatives in the Congress of the United States, 
Auditor, Treasurer, and Secretary of State, duly elected at said election, 
shall continue to discharge the duties of their respective offices for the time 
prescribed by this constitution, and until their successors are elected and 
qualified. The returns of said election shall be made in conformity to the ex- 
isting laws of this Territory. ' ' — Quoted from Shambaugh 's Documentary 
Material Belating to the History of Iowa, Vol. I, p. 209. 

26 Shambaugh 's Documentary Material Belating to the History of Iowa, 
Vol. I, p. 213. 



472 IOWA JOURNAL OF HISTORY AND POLITICS 



laws of the Territory, except only in such cases as the 
same may be found to conflict with the Constitution under 
which the election will be held." 27 

Thus it is apparent that the congressional and State 
elections of 1846 are so intimately connected that it would 
be difficult if not altogether impossible to keep them sep- 
arate in any discussion of the political campaign of that 
year. Indeed, so intertwined are the two elections that a 
discussion of one becomes in part at least a history of the 
other. While it is true that political parties in Iowa di- 
vided on national issues as shown by newspaper discus- 
sions and the party platforms of 1846, it is to be remem- 
bered that these issues were dominant in both the State and 
congressional campaigns of that year and that local issues 
received practically no consideration. 

In the meantime the campaign for the election of mem- 
bers of Congress was inaugurated. ' 'The citizens of Iowa 
will soon be called upon", said The Iowa Standard, "to 
elect one, if not two persons, to represent the State of Iowa 
in the House of Eepresentatives of the Congress of the 
United States. Care should be taken to elect men of talent 
and integrity, and whose political views accord with those 
of a majority of the people they seek to represent. What 
are the views and opinions of the people of Iowa on the 
great leading political questions which have been the sub- 
ject of discussion in the present Congress!" This organ 
further advised: "Let no candidate be voted for unless 
he clearly and explicitly makes known his views on these 
and other questions, in which the people of Iowa are vital- 
ly interested." 28 

27 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
I, p. 359. See also Peterson's The Regulation by Law of Elections in the 
Territory of Iowa in The Iowa Journal of History and Politics, Vol V, 
pp. 493-533. 

**The Iowa Standard (Iowa City), New Series, Vol. I, No. 10, August 
19, 1846. 



CONGRESSIONAL ELECTIONS IN IOWA 473 



The Democratic and Whig organizations immediately 
began an active, though short, campaign for the October 
elections. Party machinery was put into operation. Town- 
ship caucuses were summoned and delegates nominated 
to the county conventions. County conventions were call- 
ed and delegates chosen to the State conventions. State 
conventions were assembled, nominations for State and 
national offices were made, and party platforms were 
adopted. 

Pursuant to the call of the Democratic Territorial Com- 
mittee, the first Democratic State Convention assembled 
at Iowa City on September 24, 1846. 29 It was composed 
of delegates chosen by the county conventions, each county 
being entitled to one delegate for every one hundred voters. 
Temporary and perihanent organizations were effected 
and committees on credentials and on resolutions were 
appointed. Shepherd Leffler of Des Moines County and 
S. C. Hastings of Muscatine County were nominated for 
Congress. Comparatively little interest was manifested 
in local politics. The following resolutions, presented by 
the Committee on Eesolutions and adopted by the Con- 
vention as the platform of the Democratic party in the cam- 
paign of 1846, sum up the position of the party on national 
issues in this period : 

1. Resolved, That the conduct of James K. Polk, since he has 
been President of the United States, and particularly during the 
last session of Congress, has been that of an unwavering and un- 
flinching Democrat. That young hickory has proved himself to be 
a true scion of old hickory ; and we tender to him and to his co- 
adjutors in the executive department the gratitude of the people of 
the State of Iowa. 

2. Resolved, That the recent session of Congress has been one of 

2 9 The Iowa Standard (Iowa City), New Series, Vol. I, No. 16, September 
30, 1846. The writer has not been able to find a complete account of the 
proceedings of this Convention. 



474 IOWA JOURNAL OF HISTORY AND POLITICS 



the greatest importance to the people of these United States, since 
the time of Mr. Jefferson, and we confidently regard the acts passed 
by it, particularly the passage of the Independent Treasury Bill, 
the settlement of the Oregon Question (though the people of Iowa 
would have preferred 54, 40), and the repeal of the odious tariff act 
of 1842, as destined to advance the welfare, promote the interest, 
and add to the peace and harmony, not only of our people, but of 
the civilized world. 

3. Resolved, That the repeal of the unjust, unequal, and fraud- 
ulent tariff act of 1842, at the recent session of Congress, deserves 
the highest praise from the people of Iowa, and entitles those mem- 
bers of Congress who voted for it, to the lasting gratitude of all 
good citizens. That by its minimum and specific duties — by its 
unequal and unjust protection of the capitalists and moneyed in- 
stitutions, and by its casting the burden of taxation on the laboring 
masses, and exempting the upper ten thousand, it was absolutely a 
federal tariff, based on the doctrines of the great God-like Belshaz- 
zar of Massachusetts, viz: "Let the government take care of the 



rich, and the rich take care of the poor. ' ' That the conduct of the 
Vice-President of the United States, upon that great question of 
the age, entitles him to the highest place in the confidence of the 
Democracy of the United States. 

4. Resolved, That all modes of raising revenue for the support 
of government, are taxes upon the capital, labor and industry of 
the country ; and that it is the duty of a good government to impose 
its taxes in such a manner as to bear equally on all classes of society ; 
and that any government, which, in levying duties for raising 
revenue, impresses burdens on any one class of society, to build up 
others, though republican in form, is tyrannical in deed, ceases to 
be a just government, and is unworthy of the confidence or support 
of a free people. 

5. Resolved, That the separation of the public moneys from the | 
banking institutions of the country, in the passage of the Inde- I 
pendent Treasury Bill, meets the approbation of this convention, I 
and the recent vote of the people of this State, adopting the consti- 
tution, is a decisive indication of public sentiment against all bank- 
ing institutions of whatever name, nature, or description. 

6. Resolved, That the repeated unjust aggression of the Mexican 
people and Mexican government, have long since called for redress, | 



CONGRESSIONAL ELECTIONS IN IOWA 475 



and the spirit which has discouraged, opposes and denounces the 
war which our government is now carrying on against Mexico, is 
the same spirit which opposed the formation of a republican govern- 
ment, opposed Jefferson, and denounced the last war with Great 
Britain, and now, as they did then, from a federal fountain. 

7. Resolved, That General Taylor and our little army have won 
for themselves the everlasting gratitude of the country, for which 
they will never, like Scott, be exposed to a shot in their rear from 
Washington, or any other part of the country. 

8. Resolved, That we repudiate the idea of party without prin- 
ciples ; that Democracy has certain fixed and unalterable principles, 
among which are equal rights and equal protection to all, unlimited 
rights of suffrage to every freeman, no property qualifications or 
religious tests, sovereignty of the people, subjection of the Legis- 
lature to the will of the people; obedience to the instructions of 
constituents or resignation; and restriction of all exclusive privi- 
leges to corporations to a level with individual rights. 

9. Resolved, That, henceforth, as a political party, we are de- 
termined to know nothing but Democracy; and that we will support 
men only for their principles. Our motto will be, less legislation, 
I few laws, strict obedience, short sessions, light taxes, and no State 
debt. 30 

The candidates nominated for Congress by the Demo- 
crats had already achieved considerable distinction in Iowa 
politics. Shepherd Leffler had been a member of the Con- 
titutional Conventions of 1844 and 1846. In 1839 he was 
lected a Eepresentative in the Legislative Assembly of the 
territory of Iowa, an office to which he was reelected in 
841. The following year he was elected a member of the 
'oiincil where he served until Iowa was admitted into the 
r nion. Mr. Leffler received a common school education in 
'ennsylvania, where he was born in 1814, and at Steuben- 
ille, Ohio. He then began the study of law and at the age 
? twenty-one emigrated to the West. He came to the Iowa 
mntry in 1835, locating at Burlington, then a frontier vil- 

1 30 Fairall's Manual of Iowa Politics, Vol. I, pp. 17, 18. 



476 IOWA JOUKNAL OF HISTORY AND POLITICS 



lage of log cabins. He was one of the trusted leaders of the 
Democratic party as long as that party controlled Terri- 
torial and State politics. In 1875, he was nominated for 
Governor by the Democratic State Convention, but was de- 
feated by Samuel J. Kirkwood. 31 

S. C. Hastings, the other Democratic candidate at large 
for Congress, was born in New York in 1814. He received 
a liberal education and at the age of twenty was made Prin- 
cipal of Norwich Academy. In 1834 he went to Lawrence- 
berg, Indiana, where he studied law and was admitted to the 
bar. He was editor of the Indiana Signal in the presidential 
campaign of 1836 and was a supporter of Van Buren in this 
campaign. In 1837 he removed to Muscatine where he be- 
gan the practice of law. He was elected a Representative in 
the Legislative Assembly of the Territory of Iowa in 1838 
and again in 1839. In 1840 he was elected a member of the 
Territorial Council, where he served in the Third, Fourth, 
Seventh, and Eighth Legislative Assemblies. He was cho- 
sen President of the Council in 1845. Mr. Hastings exer J 
cised considerable influence in framing the laws of the 
Territory. He assisted in the compilation of the "Bind 
Book" of Iowa laws, being associated in this work witl 
James W. Grimes. He was also commander of several com 
panies of militia, having the rank of Major in the Missouri 
Iowa boundary dispute. Mr. Hastings was later appointee | 
Chief Justice of the Supreme Court of Iowa in 1848, an< 
upon removing to California in 1849 was elected Attorne; 
General and then Chief Justice of that State. 32 

The Democrats, however, were not to elect their candi 
dates without vigorous opposition on the part of the Whigs 
who in the meantime had put their party machinery int j 

81 Gue 's History of Iowa, Vol. IV, p. 167. 

•"52 Annals of Iowa (First Series), Vol. X, pp. 100-107; and Gue's Bisto'A 
of Iowa, Vol. IV, pp. 120, 121. I 



CONGRESSIONAL ELECTIONS IN IOWA 477 

operation. On August 26, 1846, the Whig Territorial Com- 
mittee issued a call for a Whig State Convention to be held 
in Iowa City on Friday, September 25th. The Whigs of the 
various counties were requested to appoint delegates to 
represent them in this convention, each county being en- 
titled to one delegate for every one hundred voters. 33 

The first Whig State Convention met accordingly at the 
appointed time and place. A temporary organization was 
effected by the appointment of William G. Woodward of 
Muscatine County as Chairman, and H. S. Finley of Scott 
County as Secretary. The Convention passed resolutions 
directing the Chairman to appoint the following commit- 
tees: committee on permanent officers, committee on cre- 
dentials, and committee on resolutions. The committees 
being duly appointed, the Convention adjourned till two 
o'clock in the afternoon. 

In the afternoon when the Convention had assembled 
pursuant to adjournment, the committee on permanent of- 
ficers reported the following nominations : President, E. P. 
Lowe of Muscatine County; Vice Presidents, N. Myer of 
Van Buren County and George H. Walworth of Jones 
County; Secretaries, George Partridge of Des Moines 
County and William H. Tuthill of Cedar County. The re- 
port was adopted unanimously. The committee on creden- 
tials then reported the number of members to which each 
county was entitled in the Convention and offered the fol- 
lowing resolution which was unanimously adopted : 

Resolved: That the Convention now proceed to ballot for candi- 
dates for nomination in the following order. 1st for Governor, 2d 
for members of Congress, 3rd one Secretary of State, 4th one Audi- 
tor, 5th one State Treasurer, and that the counties be called in 
order and that the delegates from each county be allowed to vote 
so far as present in person or substitute. 

33 The Iowa Standard (Iowa City), New Series, Vol. I, No. 11, August 
26, 1846. 



VOL. X — 31 



478 IOWA JOURNAL OF HISTORY AND POLITICS 



The records show that Joseph H. Hedrick of Wapello 
County, and G. C. R. Mitchell of Scott County, were nomi- 
nated for Congress by the unanimous vote of the Conven- 
tion. A Whig State Executive Committee and a committee 
to prepare an address to the people of Iowa were also ap- 
pointed. 

Gilbert C. R. Mitchell, who achieved considerable local 
distinction as a jurist, was born in East Tennessee in 1803. 
He was educated at East Tennessee College in Knoxville, 
Tennessee. He then studied law in Alabama and, being 
admitted to the bar in 1825, practiced law in that State until 
1834 when he came to Iowa. He practiced law in Dubuque 
from 1835 to 1837 and in Davenport from 1837 to 1843, 
whereupon he was elected a Representative in the Legis- 
lative Assembly of the Territory of Iowa. Mr. Mitchell was 
elected Mayor of Davenport in 1856 and Judge of the Four- 
teenth Judicial District in 1857. Judge Mitchell was always 
a Whig until that party was dissolved, whereupon he allied j 
himself with the Democratic party. He is described by a i 
contemporary as "a keen, careful analyst, and one whose 
deductions are always reliably correct. . . . If he has 
one trait more prominent than another it is his thorough 
comprehensiveness — his ability to include everything in 
his examination of a subject. . . . Fresh, instructive 
and engaging in his conversation he takes high rank as a 
social companion, and as one who can be instructive, amus- 
ing and brilliant, without effort." 34 

Joseph H. Hedrick is described as a man who "is well | 
and favorably known in the Southern portion of the Terri- 
tory. He represented the county of Wapello in the last con- j 
vention, for the formation of the Constitution of Iowa; and 
left with increased reputation, as a sound and practical j 

34 F. B. Wilkie in Davenport Past and Present, quoted in the Annals of 
Iowa (First Series), Vol. II, pp. 262, 263. j 



CONGRESSIONAL ELECTIONS IN IOWA 479 



statesman, a ready debater, a shrewd political tactician, — 
md as an uncompromising Whig, of the old Whig School. 
Sir. Hedrick is a farmer, is in the prime of life. . . . 
ind we say to our Whig friends, who do not know him he's 
)f the right stripe." 35 

The nomination of candidates having been completed, the 
Allowing resolutions, upon recommendation of the com- 
nittee, were adopted unanimously by the Convention as the 
Dlatf orm of the Whig party : 

Resolved, That we consider it our duty, imperative and binding 
m us as Whigs to effect a thorough organization of our party, and 
py the use of all honorable means faithfully and diligently strive to 
msure the success of our political principles. 

Resolved, That we, as Whigs of the State of Iowa, do proudly 
nd unhesitatingly proclaim to the world the following distinctive 
Snd leading principles, that we as a party avow and advocate, and 
|^hich we honestly believe if carried out, will restore our beloved 
ountry and its institutions to their former purity and prosperity. 
I 1. A sound National Currency, regulated by the will and author- 
|y of the people. 

2. An adequate Revenue derived from a Tariff upon foreign 
roductions with fair protection to American Industry. 

3. Just restraints on the Executive power, more especially a 
irther restriction upon the exercise of the Veto. 

4. An equitable distribution of the proceeds of the public lands 
nong the States. 

5. One Presidential Term. 

6. Expending the surplus revenue in National Improvements 
Lat will embrace the great rivers, lake and main arteries of com- 
unication throughout our country, thus securing the most efficient 
eans of defence in war, and the cheapest and best system of social 
id commercial intercourse in peace. 

\ Resolved, that the re-enactment of the thrice condemned Sub- 
reasury Bill, which will have the effect of draining all coin from 
rculation and locking it up in the Vaults and Safes of the General 

**The Iowa Standard (Iowa City), New Series, Vol. I, No. 18, October 
L 1846. 



480 IOWA JOURNAL OF HISTORY AND POLITICS 



Government — the passage of McKay's British Tariff, discrimi- 
nating in favor of foreign and against American labor — thus de- 
priving or materially injuring the farmer's legitimate market, a 
home market, and the Executive Veto of the River and Harbor Bill, 
cutting off the western farmer's hope of transporting his surplus 
produce to market — poor as that market is now rendered — should 
consign the present Administration "to a condemnation so deep, 
that the hand of political resurrection could not reach it." 

Resolved, That "we hold these truths to be self evident" that the 
49th degree of north latitude is not 54 deg. 40 min. — that Jas. K. 
Polk's Kane letter was a deception and falsehood of such a character 
that none but the basest and most dishonorable minds would resort 
to — that McKay 's Tariff is not ' ' a judicious revenue tariff, afford- 
ing incidental protection to American Industry" — that the annex- 
ation of Texas is not a peaceful acquisition — that "Lamp-black 
and rags", though called Treasury Drafts and drawn on a bank- 
rupt treasury, are not "the Constitutional Currency" and that 
Loco Focoism is not Democracy. 

Resolved, That we believe the American System of Henry Clay as 
exemplified in the Tariff of 1842 is essential to the well-being and 
existence of the domestic industry of the United States, and thus 
conducive to morality, Independence and Happiness; that in its 
protection of Home Manufactures and domestic produce it nerves 
the arm of the Farmer — makes glad the heart of the Mechanic 
and Manufacturer, and affords a Home market for the produce of 
their toils ; and withal has been found by the test of experience to 
be the only permanent check on the excessive importations of for- 
mer years, which have been the principal cause of Hard Times, Re- 
pudiation, Bankruptcy and dishonor. 

Resolved, That we regard the adoption of the Constitution at the 
recent election, from the ultra partizan character of some of its 
provisions, as an event not calculated to promote the future welfare 
and prosperity of the State of Iowa; and that it is our imperative 
duty to procure its speedy amendment. 

Resolved, That we pledge ourselves to use our most strenuous 
exertions to keep up a thorough and complete organization of the 
Whig party in Iowa. Sincerely believing in the purity of our 
motives and the justness of our cause, and that although our op- 
ponents erroneously claim, as we believe the advantage in numbers, 



CONGRESSIONAL ELECTIONS IN IOWA 481 



yet we more particularly rely upon the superiority of our prin- 
ciples, and though ignorance and prejudice may for a time prevail, 
yet we have full and implicit confidence in the dawning of a 
brighter day, when the clouds and darkness of Loco-focoism will be 
dispelled by the cheering rays and invigorating influence of Truth 
[and Knowledge, all-powerful and omnipotent. 

Resolved, That we recommend to the support of the people of 
Iowa at the coming election, the ticket nominated by this Conven- 
tion, that we believe the candidates to be good men and true, and 
that the members of this Convention in behalf of those for whom 
they act, pledge to them a cordial and zealous support. 

Resolved, That the thanks of this Convention be tendered to Gen. 
R. P. Lowe for the able and impartial manner in which he has 
presided over its deliberations, and the Secretaries, Messrs. Part- 
ridge and Tuthill for their fidelity and promptness in the despatch 
)f business. 

Resolved, That the proceedings of this Convention be signed by 
the presiding officers and published in the Whig papers throughout 
;he Territory. 36 

The Whig and Democratic platforms of 1846 have been 
*iven in full inasmuch as they present fully the relative 
Positions of the two parties on national questions when 
[owa was admitted into the Union. It will be observed that 
Danking, the tariff, internal improvements, the Oregon 
question, and the Mexican War constitute the leading issues 
md that political parties in Iowa reflect the attitude of the 
lational parties on these issues. It was on these issues that 
;he first congressional campaign in Iowa history was cen- 
tred. 

The party platforms having been announced and the 
candidates for Congress and the various State offices select- 
ed, the campaign opened with vigor and enthusiasm. De- 
mnciation and recrimination were exchanged by the party 
>rgans. The Iowa Standard on October 7th contained a 

36 The Davenport Gazette, Vol. VI, No. 7, October 8, 1836. See also The 
owa Standard (Iowa City), New Series, Vol. I, No. 16, September 30, 1846; 
nd Fairall 's Manual of Iowa Politics, Vol. I, pp. 16, 17. 



482 IOWA JOURNAL OF HISTORY AND POLITICS 



long editorial of four and a half columns in severe arraign- 
ment of the Democratic platform. "If our readers will 
refer to the preceding resolutions", concluded the editorial, 
"they will find that the Convention endorsed, and approved, 
all the official acts of Polk, and his Locof oco friends, during 
the late session of Congress. These are to be used out of 
Iowa as the sentiments of the Iowa democracy." 37 Again 
this organ argued: "If the nominal Democrats oppose a 
protective tariff — the improvement of our rivers and har- 
bors, and other measures known and acknowledged to be 
democratic, and the Whigs advocate these things, who are 
the Democrats, the Republicans, the Americans! Vote not 
for the "Whigs, because that is their party name, but because 
of the principles they espouse, the measures they advo- 
cate." 38 

The Democrats were equally zealous in the defense of 
their party principles and in the arraignment of their op- j 
ponents. They condemned the Whig policies as tending to 
favor government for the classes and not for the masses. 
The candidates for Congress were also active in the cam- j 
paign, but no record has been found of any speeches deliv- 
ered by them in the brief interval that remained before the 
election. The newspapers were in fact the chief agencies j 
in reaching the people and they reflected as well as directed 
the sentiments and opinions of the people on the issues in 
the campaign. 

The election was held on October 26th. The returns | 
showed that the Democrats had elected their candidates for j 
Congress by slight majorities, the votes for the respective I 
candidates being recorded as follows: Shepherd Leffler, I 

37 The Iowa Standard (Iowa City), New Series, Vol. I, No. 17, October 
7, 1846. 

38 The Iowa Standard (Iowa City), New Series, Vol. I, No. 18, October 
14, 1846. 



CONGRESSIONAL ELECTIONS IN IOWA 483 



6830; S. C. Hastings, 6744; Gr. C. B. Mitchell, 6379; Joseph 
H. Hedrick, 6425. The Democrats also elected their entire 
State ticket by about the same majorities — the smallest 
majority being that of Ansel Briggs who was elected Gov- 
ernor over his Whig opponent, Thomas McKnight, by a 
margin of only 161 votes. 39 These returns led The Iowa 
Standard to observe that "when the canvass opened, the 
Locofocos claimed a majority of from 1000 to 1500 in the 
State, and the Whigs, judging from the former elections, 
supposed it probable that they would have to overcome a 
majority of from 700 to 800. All things considered, the 
Whigs have done well. And if they had had thirty days 
longer to diffuse Whig truths, they would have carried the 
entire State ticket. Iowa is this day a Whig State, and we 
long for an opportunity to test the truth of the assertion." 40 

The election showed in fact that party lines were fairly 
closely drawn in the congressional campaign of 1846. The 
Iowa Democracy supported the administration in the pros- 
ecution of the Mexican War which was generally known to 
have been the result of Democratic intrigue for the annex- 
ation of Texas; it upheld the reestablishment of the inde- 
pendent treasury — Van Buren's pet system and the only 
contribution the Democratic party has ever made to the 
solution of the currency question; it favored the revenue 
tariff of 1846 which was passed in accordance with the de- 
mands of the Southern Democrats; and it accepted the 
solution of the Oregon question by the establishment of the 
compromise line of forty-nine degrees, although it favored 
the line of fifty-four, forty. 

The Whigs, on the other hand, opposed the Polk adminis- 

39 Election returns as found in the Archives at Des Moines. The Iowa 
Standard (Iowa City), New Series, Vol. I, No. 25, December 2, 1846, gives 
the same figures. 

40 The Iowa Standard (Iowa City), New Series, Vol. I, No. 25, December 
2, 1846. 



484 IOWA JOURNAL OF HISTORY AND POLITICS 



tration on all these questions. They lamented the war with 
Mexico; they opposed the independent treasury and the 
revenue tariff of 1846; and they ridiculed the government 
for accepting the compromise line of forty-nine degrees in 
the solution of the Oregon question. On the questions of 
internal improvements and the disposition of the public 
domain there was not so much real difference of opinion, 
for these questions concerned more vitally the material 
interests of the people of Iowa. Improvement of river navi- 
gation, the construction of railroads, and the acquisition of 
public lands on the easiest terms possible were common 
needs of the people of Iowa and the two parties tended to 
unite in their efforts to secure these benefits for the State. 
Evidence of this fact is contained in the newspapers of the 
period. 41 But the Democratic party of Iowa was able to 
hold its forces together and retain the ascendancy which it 
had gained in the Territorial period and which it was des- 
tined to maintain until after the passage of the Kansas- 
Nebraska Act which disrupted the Iowa Democracy and 
ushered into power the new Eepublican party whose su- 
premacy has been almost continuous to the present day. 42 

THE CONGEESSIONAL ELECTION OF 1847 

"Mr. S. C. Hastings and Mr. Shephekd Lefflek, (Demo- 
crats,) Representatives from the State of Iowa, presented 
themselves, and the Speaker administered to them the oath 
to support the Constitution of the United States, and they 
took their seats in the House." 43 Thus reads the record 
showing that the first Congressmen from Iowa were ad- 

41 See for example, The Iowa Standard (Iowa City), New Series, Vol. I, 
No. 15, September 23, 1846. 

42 See Pelzer's The History and Principles of the Democratic Party of 
Iowa, 1846-1857 in The Iowa Journal of History and Politics, Vol. VI, 
pp. 163-246. 

•43 Congressional Globe, Second Session, Twenty-ninth Congress, p. 95. 



CONGRESSIONAL ELECTIONS IN IOWA 485 



mitted to their places in the House of Representatives on 
December 29, 1846, the day after the formal admission of 
Iowa into the Union. Elected for the second session of the 
Twenty-ninth Congress, their terms of office expired on 
March 4, 1847. The Congressmen who were to succeed 
Leffler and Hastings were, therefore, to be elected at the 
August elections in order that they might take their places 
at the opening of the Thirtieth Congress in the following 
December. 

It will be recalled that the two Congressmen elected in 
1846 were elected at large instead of by districts owing to 
the fact that if Congressmen were not elected until the State 
legislature should divide the State into congressional dis- 
tricts the State would be unrepresented in the second ses- 
sion of the Twenty-ninth Congress. The First General 
Assembly was therefore obliged to establish congressional 
districts before the next election should take place. Accord- 
ingly, on February 22, 1847, the General Assembly passed 
an "Act to divide the State into two Congressional Dis- 
tricts ' \ This act provided that the State ' 6 shall be divided 
into two Congressional Districts, for the election of Repre- 
sentatives in the Congress of the United States, each of 
which Districts shall be entitled to elect one Representa- 
tive. ' ' The limits of these two districts were designated as 
follows: the First District included the counties of Lee, 
Van Buren, Jefferson, Wapello, Davis, Appanoose, Henry, 
Mahaska, Monroe, Marion, Jasper, Polk, Keokuk, and all 
the country south of a line drawn from the northwest cor- 
ner of the county of Polk, running west to the Missouri 
River ; the Second District included the counties of Clayton, 
Dubuque, Delaware, Jackson, Clinton, Jones, Linn, Powe- 
shiek, Benton, Iowa, Johnson, Cedar, Scott, Muscatine, 
Washington, Louisa, Des Moines, and all the country north 



486 IOWA JOURNAL OF HISTORY AND POLITICS 



of a line from the northwest corner of the county of Polk, 
running west to the Missouri River. 44 (See Map.) 

The First District therefore included the southern por- 
tion of Iowa and the Second District included the northern 
portion. A glance at the map of Iowa shows that the First 
District was considerably smaller than the Second District. 
This is explained by the fact that northwestern Iowa was 
more sparsely populated than the eastern part and hence, 
in order to include an equal portion of the population in 
each district, the eastern portion of the boundary line was 
turned southward, thus adding some of the more populous 
counties to the Second District. The First District, how- 
ever, had the lead in population by more than 2000 ; while in 
the number of voters it had the lead by more than 500 over 
the Second District. 45 The Democrats were in control in 
both districts. While the Whigs frequently complained that 
the Democrats had gerrymandered the State, there are no 
substantial grounds for the charge. The Whigs, it is true, 
constituted a very considerable minority, but this minority 
was so evenly distributed as to make it practically impos- 
sible to have formed even one Whig district. 46 

The meeting of the First General Assembly on November 
30, 1846, was the beginning of intense party strife which 
continually grew more embittered as the slavery question 

44 Laws of Iowa, 1846-1847, p. 84. 

For an account of the establishment of congressional districts in Iowa, see 
Peirce's Congressional Districting in Iowa in The Iowa Journal of History 
and Politics, Vol. I, pp. 334-361. This account includes also a series of maps 
showing the congressional districts established from time to time by the General 
Assembly of Iowa. 

45 Hull's Historical and Comparative Census of Iowa, p. 196. 

40 See Peirce 's Congressional Districting in Iowa in Tpie Iowa Journal of 
History and Politics, Vol. I, p. 336. See also The Iowa Standard (Iowa 
City), New Series, Vol. II, No. 11, September 15, 1847, which gives the vote 
for Congressmen cast at the August election of 1847, and shows that a Whig 
district could have been formed only by the establishment of the most irregular 
boundary lines. 



488 IOWA JOURNAL OF HISTORY AND POLITICS 



came to a head. The failure of the General Assembly to 
elect United States Senators 47 and the Mexican War accel- 
erated partisan rivalry which found expression in two great 
political meetings held in Iowa City while the legislature 
was in session. The first meeting, composed of the Demo- 
cratic members of the legislature, assembled in Iowa City 
on the evening of January 8, 1847, the anniversary of the 
Battle of New Orleans. Resolutions were prepared by Ver 
Planck Van Antwerp praising the administration of James 
K. Polk, eulogizing the services of Andrew Jackson, ar- 
raigning Daniel Webster for his Faneuil Hall speech, and 
denouncing the Whig party. 48 On the following day the 
Democratic members in the Senate passed resolutions justi- 
fying the War with Mexico. 49 

The second meeting, summoned by the Whigs, assembled 
in Iowa City on the evening of February 22, 1847, the an- 
niversary of the birthday of George Washington. Stephen 
Whicher of Muscatine County was appointed Chairman. 
Twenty resolutions were passed praising the patriotism of 
Washington, defending the Whigs as the friends of popular 
rights and the opponents of tyranny, and denouncing the 
doctrines of the Democratic party. The Polk administra- 
tion was arraigned; and "the recent proposition of our 
Representatives in Congress to remove the obstructions in 
the Mississippi river by the donation of the alternate sec- 
tions of land contiguous to said river" was branded as "a 
humbug; there not being government land enough in such 
locality, of sufficient value to pay for the powder that would 
be required to blast the rocks which compose these obstruc- 
tions/ 1 

The Whigs, on the other hand, expressed themselves in 

47 See Clark's History of Senatorial Elections in Iowa, Chapter I. 

48 77te Bloomington Herald, New Series, Vol. I, No. 35, January 15, 1847. 
4 » Senate Journal, 1847, pp. 84-88. 



CONGRESSIONAL ELECTIONS IN IOWA 489 



favor of "an appropriation out of the National Treasury 
for the improvement of the Mississippi". The resolutions 
also reviewed the principles of the Whig party, and men- 
tioned the Wilmot Proviso as meeting "with our marked 
approbation' ' and deserving "the thanks of every friend of 
human progress, civilization and Christianity." The con- 
duct of the Democratic party in the State legislature was 
censured as "only another evidence that they possess no 
interest in common with the mass of the people"; and 
finally the name of General Taylor was placed in nomina- 
tion for the presidency in 1848. 50 

Another meeting of importance was a river and harbor 
convention held at Bloomington, pursuant to numerous 
previous notices, on June 4, 1847. Several Democrats were 
present, among whom was S. C. Hastings. John M. Cole- 
man of Iowa City was appointed President. Nine resolu- 
tions favoring the improvement of harbors and rivers of a 
national character were unanimously adopted. "Resolved, 
That the improvement of the channel of the Mississippi 
with necessary harbors", reads one resolution, "and the 
national tributaries as well as all other rivers having a 
direct bearing upon the national inland commerce of the 
country, are among the duties of the General Government. ' ' 
A report by a committee in regard to the losses sustained 
by the citizens of Burlington and vicinity by reason of the 
obstructions to the navigation in the Mississippi Eiver was 
read to the convention and ordered to be incorporated in 
the proceedings. Finally, delegates were appointed to rep- 
resent the State of Iowa at the River and Harbor Improve- 
ment Convention to be held in Chicago on July 5th. 51 These 

so The Bloomington Herald, New Series, Vol. I, No. 41, February 26, 1847. 
See also The Iowa Standard (Iowa City), New Series, Vol. I, No. 37, March 
3, 1847, and No. 38, March 10, 1847. 

si The Bloomington Herald, New Series, Vol. II, No. 56, June 11, 1847. 



490 IOWA JOURNAL OF HISTORY AND POLITICS 



various meetings serve as a background for the congres- 
sional campaign of 1847. 

Early in May the Whig State Central Committee issued a 
call for a convention of delegates representing the several 
counties composing the First Congressional District to meet 
at Fairfield on Thursday, May 20, 1847, to nominate a candi- 
date for Congress. The call for this convention, which was 
signed by Fitz Henry Warren, Ebenezer Cook, and Joseph 
H. Hedrick, requested the central committees of the respec- 
tive counties to take early measures for securing the full 
attendance of their delegations. 52 Having met pursuant to 
the call, the Convention 53 nominated General Jesse B. 
Browne of Lee County for Congress. The Democratic Con- 
gressional Convention for the First District met at Fairfield 
about the same time 54 and nominated William Thompson of 
Henry County. 

General Jesse B. Browne, Whig candidate for Congress 
from the First District, was born in Kentucky early in the 
nineteenth century. He emigrated to Illinois when he was 
still a young man and was in command of a company of 
Eangers in the Black Hawk War. Appointed a captain in 
the First Dragoons in the regular army in August, 1833, he 
was stationed at a military post at Montrose in the Black 
Hawk Purchase. In 1837 he resigned his commission and 
settled at Fort Madison. He was elected a member of the 
Territorial Council of Iowa in 1838 on the Whig ticket and 

52 The Iowa Standard (Iowa City), New Series, Vol. I, No. 44, May 5, 1847. 

53 The writer has made a diligent search for a record of the proceedings 
of this Convention, but without success. Gaps in early newspaper files and 
a tendency on the part of party organs to omit accounts of the convention pro- 
ceedings of opposing parties renders it difficult to get a record of all con- 
gressional conventions in this period. 

54 The Bloomington Herald, New Series, Vol. II, No. 53, May 21, 1847, and 
No. 54, May 28, 1847. The writer has been unable to find any record of 
this Convention. 



CONGRESSIONAL ELECTIONS IN IOWA 491 



was chosen president of the Council. Mr. Browne was a 
member of the Council for four terms and a Eepresentative 
in the Eighth Legislative Assembly. When Iowa was ad- 
mitted into the Union, Browne was elected a member of the 
First General Assembly and was Speaker of the House dur- 
ing both the regular and extra sessions. Mr. Browne is 
described as "a man six feet seven inches tall, of command- 
ing presence, polished manners and popular." 55 

William Thompson, Democratic candidate for Congress 
from the First District, was born in Pennsylvania in 1813. 
He went to Ohio in 1817 where during his youth he helped 
his father in clearing a farm and working in the maple 
sugar industry. After receiving a common education he 
commenced the study of law when he was twenty-one. He 
went west in 1839 by way of the Ohio Eiver and arrived in 
Burlington the same year. Having established himself in 
the practice of law at Mt. Pleasant in the fall of 1839, he 
formed a law partnership with J. C. Hall the following 
year. In 1843 Mr. Thompson was elected a Eepresentative 
in the Legislative Assembly of the Territory of Iowa, in 
which he served also as chief clerk for the two succeeding 
sessions. He was also Secretary of the Constitutional Con- 
vention of 1846. Mr. Thompson was later editor of the Iowa 
State Gazette for several years. In 1861 he was elected 
chief clerk of the House. When the Civil War opened he 
raised a company for the First Iowa Cavalry. Having 
served the Union cause throughout the war and having been 
honored with repeated promotions, he was finally appointed 
Captain in the regular army, serving with Custer in his 
Indian campaigns. Mr. Thompson later went to Tacoma, 
Washington, where he died in 1897. 56 

The Democratic Congressional Convention for the Second 

ss See Gue 's History of Iowa, Vol. IV, pp. 31, 32. 
56 See Gue's History of Iowa, Vol. IV, p. 262. 



492 IOWA JOURNAL OF HISTORY AND POLITICS 



District was held at Bloomington, on Wednesday, June 
6th. About half of the counties in the district were rep- 
resented. A permanent organization was effected in the 
afternoon, Mr. McHenry of Dubuque having been appoint- 
ed President. An exciting contest took place between the 
adherents of Mr. Benton of Dubuque County and Mr. 
Leffler 57 of Des Moines County, indicating a rivalry be- 
tween the northern and southern portions of the State in 
the election of Congressmen such as existed later in the 
election of United States Senators for so many years. The 
convention finally proceeded to ballot by counties, when it 
appeared that Mr. Leffler received thirty-three votes and 
Mr. Benton eleven. Mr. Leffler was, therefore, declared 
nominated. 58 

The Whig congressional nominee for the Second District 
was Thomas McKnight of Dubuque, who announced his can- 
didacy for Congress in the early part of May. 59 Thomas 
McKnight was well known among the older inhabitants of 
Iowa, having come to Dubuque in the early history of the 
Territory. When the land office was established at Du- 
buque in 1838, McKnight was appointed "Receiver of the 
Public Moneys " by President Van Buren, which position 
he held until he was removed by President Polk in 1845. 
McKnight was the Whig candidate for Governor in 1846, 
but was defeated by Ansel Briggs by a small majority. 
His nomination for Congress met with a "warm response" 
in Dubuque County. 60 

Leading Whig papers, like The Iowa Standard and The 
Bloomington Herald, do not make mention of the Whigs 
holding a congressional convention in the Second District, 

• r >7 See above pp. 475, 476. 

58 The Bloomington Herald, New Series, Vol. II, No. 56, June 11, 1847. 
58 The Iowa Standard (Iowa City), New Series, Vol. I, No. 44, May 5, 1847. 
eo The Iowa Standard (Iowa City), New Series, Vol. I, No. 47, May 26, 1847. 



CONGRESSIONAL ELECTIONS IN IOWA 493 



although they do make mention of such a convention being 
held in the First District. It may therefore be inferred 
that the Whigs did not hold a convention in the Second 
District and that Thomas McKnight was nominated in 
some other way. The Iowa Capitol Reporter made the 
charge that 1 ' The Editors of the Standard as well as every 
other Whig editor in the state know perfectly well that all 
the candidates who were to be run .... by the Whig party 
in the ensuing campaign .... were selected and definitely 
agreed upon in caucus by the federal members of the Leg- 
islature at the ' Whig Head Quarters' in this city before 
the close of the late session." 61 The Iowa Standard de- 
nied this charge contending that "the whigs have no can- 
didates in the field .... for Congress .... except Thomas 
McKnight who was only announced last week." 62 The 
only positive evidence that McKnight was not nominated 
by a congressional convention or by a caucus held at Iowa 
City is found in the Burlington Hawk-Eye, which refers to 
McKnight as a man "not dependent on a party caucus for 
being a candidate, brought out as by acclamation of the 
people. ' ,63 

The candidates of both parties for Congress were now 
in the field ; but the campaign did not open until July — a 
few weeks before the election. "The great and absorbing 
question", declared The Iowa Standard, "is, who shall rep- 
resent the people of Iowa in the Congress of the United 
States ? .... In this contest there can be no compromise 
with expediency, with sectional feelings, or with personal 
preferences. The party lines must be drawn. ... No 

61 Quoted in The Iowa Standard (Iowa City), New Series, Vol. I, No. 46, 
May 19, 1847. 

62 The Iowa Standard (Iowa City), New Series, Vol. I, No. 46, May 19, 1847. 

63 Quoted in The Iowa Standard (Iowa City), New Series, Vol. I, No. 51, 
June 23, 1847. 

vol. x — 32 



494 IOWA JOURNAL OF HISTORY AND POLITICS 



whig can consistently vote for a locofoco. . . . Nor can 
an honest locofoco vote for a whig, without a surrender of 
principle. Therefore, every elector will be constrained to 
vote for the nominee of his party, unless he shall, before the 
election, be satisfied that some of his political notions have 
hitherto been erroneous. To work out these changes and 
convictions in the minds of men, is the business of the 
tongue, the pen and the press, and in a contest like the pres- 
ent, we shall endeavor to discharge the duty assigned to us, 
as the conductors of a public journal." The Polk adminis- 
tration is then reviewed, whereupon the voters of Iowa are 
enjoined to "consider these things" and to "Hear nothing 
but the truth, consult no creed but the constitution, regard 
no man who is not a statesman, and know no party whose 
members do not go for their country first, their country 
last, and their country forever. " 64 

The campaign for Congress in the First District was un- 
eventful, the newspapers making practically no mention of 
it. Interest shifted to the campaign in the Second District 
where Shepherd Lefner was a candidate for reelection 
against his Whig opponent, Thomas McKnight. The Bur- 
lington Hawk-Eye, while admitting that the Democrats had 
a nominal majority in this district, contended that there 
were a number of serious drawbacks to Leffler 's election, 
among which were the following: (1) the Democrats, in 
the effort to secure a Democratic majority, had gerrymand- 
ered the State in such a way as to add a large portion of 
the southern part of Iowa to the north; (2) Leffler had 
voted for the amendment which censured General Taylor; 
(3) he had supported Polk in his veto of the Eiver and 
Harbor bill; (4) he had voted against the Wilmot Proviso; 
(5) he had voted to admit slavery into Oregon; (6) he had 
entered into a bargain with S. C. Hastings by which he 

64 The Iowa Standard (Iowa City), New Series, Vol. I, No. 52, June 30, 1847. 



CONGRESSIONAL ELECTIONS IN IOWA 



495 



was "to use his official and personal influence" to get 
Hastings elected to the United States Senate; (7) he had 
to contend with Thomas McKnight, "a peoples man — a 
farmer who works hard for his living. A man who had the 
confidence of President Van Buren, of Harrison, and of 
Tyler, and who, as long as he retained an office, discharged 
his duty most faithfully." 65 

These observations on Leffler's candidacy were taken 
up by other Whig papers 66 and used as campaign material 
to insure the election of McKnight. This led Leffler to 
come out in his own defense. On the evening of July 
22nd, he delivered a speech at Iowa City 67 before some 
forty or fifty Democrats and as many Whigs, defining his 
position on the leading issues in the campaign. He was 
opposed to a national bank, a protective tariff, and the 
distribution of the proceeds of the public lands among 
the States — all of which he characterized as i i obsoletisms ' \ 
asserting that the Whigs had, in the main, abandoned these 
long cherished measures and placed the issue of the present 
contest on the supposed unpopularity of the Mexican War. 
He announced himself in favor of appropriations to im- 
prove the navigation of the upper Mississippi and pledged 
himself to endeavor, should he be elected, to secure a dona- 
tion of a certain percentage of the sales of the public lands 
lying within a given district on each side of the river, and 
that, if he could not succeed in this, he would support some 
other project to secure the necessary funds for this im- 
provement. He gave as his chief reasons for voting 

es This editorial is quoted in The Iowa Standard (Iowa City), New Series, 
Vol. I, No. 51, June 23, 1847. 

^The Iowa Standard (Iowa City), New Series, Vol. II, No. 2, July 14, 
1847, and No. 3, July 21, 1847; also The Bloomington Herald, New Series, 
Vol. II, No. 60, July 9, 1847. 

67 This speech is reviewed in The Iowa Standard (Iowa City), New Series, 
Vol. II, No. 4, July 28, 1847. 



496 IOWA JOURNAL OF HISTORY AND POLITICS 



against the amendment to the Oregon Bill, providing i i that 
Oregon being north of 36° 30', should be a free territory", 
that the amendment was intended to extend the Missouri 
Compromise line to the Pacific. The War with Mexico 
he justified as the unavoidable and inevitable result of 
Mexican aggressions and contended that by the annexa- 
tion of Texas we acquired all the territory east of Eio 
Grande. Finally, he justified his opposition to the Wilmot 
Proviso with the contention that the passage of the three 
million bill with that proviso would have demoralized 
our army in Mexico and that we had no assurance that 
we would acquire any territory from Mexico. 

Leffler devoted the greater part of his speech to the 
Mexican War — this topic being uppermost in the public 
mind as shown by the space accorded to it by the news- 
papers and the emphasis given it by the Democratic State 
platform adopted at Iowa City on June 11th. 68 The great 
political issue, however, was not so much the justice or 
injustice of the War with Mexico per se, but rather the 
disposition that was to be made of the territory which might 
be acquired from Mexico, i. e. whether slavery was to be 
prohibited from the territory thus acquired. "The Wilmot 
Proviso", concluded The Iowa Standard a few days before 
the election, "is now a test question between slave and 
non-slave holding States, or rather between the friends of 
the Union and the milliners. And no man can dodge this 
issue which the northern States have been compelled to 
make in self-defense." 69 Thus was formulated the essen- 
tial issue which was finally to disrupt the Democratic party 
in Iowa and lead to the formation of new parties on sec- 
tional lines. 70 

os Fairall 's Manual of Iowa Politics, Vol. I, pp. 19, 20. 
09 The Iowa Standard (Iowa City), Vol. II, No. 4, July 28, 1847. 
7 o For a discussion of the Wilmot Proviso see Garrison 's Westward Exten- 
sion in The American Nation Series, Chapter XVI. 



CONGRESSIONAL ELECTIONS IN IOWA 497 



The election was held on Monday, August 2nd. The 
official returns showed that the Democratic candidates for 
Congress in both districts were successful. In the First 
District, William Thompson was elected over J. B. Browne 
by a vote of 5530 to 4986 — a majority of 544. In the Sec- 
ond District, Shepherd Leffler was elected over Thomas 
McKnight by a vote of 5159 to 4873 — a majority of 286. 
In the First District the Whigs carried but four counties — 
Dallas, Henry, Jasper, and Mahaska. In the Second Dis- 
trict, Whig majorities were cast in the counties of Clayton, 
Cedar, Delaware, Jones, Scott, Muscatine, Washington, 
and Louisa. All the other counties in both districts were 
carried by fair Democratic majorities. Shepherd Leffler 
carried Des Moines County by a vote of 1004 to 947 ; while 
William Thompson lost Henry County by a vote of 624 to 
493. Thomas McKnight lost Dubuque County by a vote 
of 749 to 617, and J. B. Browne lost Lee County by a vote 
of 1191 to 1098. Shepherd Leffler was, therefore, the only 
candidate who carried his home county. 71 

"We have met the enemy and we have a well grounded 
suspicion that we are theirs" , remarked The Bloomington 
Herald when the results of the election were known. "It 
was too much to hope, to overcome the Locofoco majority 
in one trial, with all the interest and appliances of the 
executive patronage in this new and unsettled State. A 
few more trials will, however, place the Whig standard in 
the ascendancy. Patience and perseverance will overcome 
the minions of Polkery, and while we regret that we have 
not done it entirely this time ; we are in no wise discouraged 
and will don our armour for the next and the next contest 
with the executive party, until the standard of the country 
shall no longer trail in the dust, at the foot of the black 
flag of Locofocoism." 72 

71 Election returns as found in the Archives in Des Moines. 

72 The Bloomington Herald, New Series, Vol. II, No. 64, August 7, 1847. 



498 IOWA JOURNAL OF HISTORY AND POLITICS 



It will be remembered that the Constitution of the United 
States provides that ' 'the times, places, and manner of 
holding elections for Senators and Eepresentatives shall 
be prescribed in each State by the Legislature thereof; 
but the Congress may at any time by law make or alter 
such regulations, except as to the place of choosing Sen- 
ators." 73 It will further be remembered that Congress 
had enacted legislation requiring the States to elect Eep- 
resentatives "by districts", but that "the times, places 
and manner" of holding such elections were still left to 
be prescribed by the legislatures of the respective States. 74 
Finally, it will be recalled that the General Assembly of 
Iowa had in accordance with the legislation of Congress 
divided the State into two congressional districts. 75 The 
General Assembly had not, however, made any provision 
for holding congressional elections as required by the Con- 
stitution of the United States. 76 This very early brought 
up the question of the legality of the congressional election 
of 1847 — which constituted a bone of contention between 
the two parties during the late summer and autumn of the 
same year. 

Two weeks following the election of Leffler and Thomp- 
son to Congress, The Iowa Standard, after reviewing the 
above considerations, declared the congressional election 
of 1847 to be null and "void for the want of a law" author- 
izing it. It professed to deprecate the illegality of this elec- 
tion for two general reasons: (1) the people of Iowa had 
expressed fairly their preference for Shepherd Leffler and 
William Thompson; and (2) they would be ridiculed for 

7?. Constitution of the United States, Article I, Section 4. 

74 See above, pp. 469, 470. 

75 See above, pp. 485, 486. 

7<s The Congressmen elected in 1846 had been chosen in accordance with 
Article XIII, Section 6, of the Constitution of 1846. 



CONGRESSIONAL ELECTIONS IN IOWA 499 



not being able to muster in the First General Assembly, 
"men capable of putting the wheels of government in mo- 
tion". Whether any serious difficulty would result from 
"this culpable neglect of legislative duty" remained to 
be seen. The House of Eepresentatives, being the judge 
of the elections, returns, and qualifications of its own mem- 
bers, might respect the certificates of election issued to 
Leffler and Thompson under the "broad seal" of Iowa. 
Finally, this organ insisted that "we would not deprive 
Messrs. Leffler and Thompson of their seats, if it depended 
on our individual votes. That they are illegally elected is 
no fault of theirs, or of their constituents. The blame rests 
upon the General Assembly. We cheerfully acquiesce in 
the will of the majority, however expressed." 77 

The Burlington Hawk-Eye discussed the election in a sim- 
ilar liberal manner which led to a vigorous rejoinder by 
the Iowa State Gazette (Burlington) as follows: 

Again, we say, and we speak for the democracy, if the late Con- 
gressional election is not valid, let it be called in question at once. 
We want no such elections be their results for or against us. We 
are not yet so abandoned as a party that we desire the connivance 
of our opponents at series of fraudulent elections that we or they 
may retain a little brief authority over one of the most important 
offices of the State. We challenge our opponents to test the validity 
of this election. 78 

In reply to this challenge The Iowa Standard said: 

We repeat that the late election for representatives to Congress 
is null and void for the want of a law to authorize it. And if the 
question is fairly raised the House of Eepresentatives must so de- 
clare it. . . . This is the long and short of this controversy 
and since we have been challenged to contest the validity of this 

77 The Iowa Standard (Iowa City), New Series, Vol. II, No. 7, August 
18, 1847. ' 

78 Quoted in The Iowa Standard (Iowa City), New Series, Vol. II, No. 8, 
August 25, 1847. 



500 IOWA JOURNAL OF HISTORY AND POLITICS 



election we say to the challengers that the whigs are prepared to 
declare and prove that Iowa has no representatives in Congress. 79 

The Davenport Gazette, however, virtually acknowledged 
the invalidity of the election by declaring that inasmuch 
"as the two gentlemen .... have been elected hon- 
orably", and inasmuch as at "another election would doubt- 
less receive a majority, we think it entirely needless to put 
the State to such useless expense, if it can be avoided." 80 

This seemed, indeed, to be the proper solution of the 
matter, although the Whigs were correct in their contention 
that the election was illegal. The General Assembly might, 
however, have been assembled, the election of 1847 declared 
illegal, a law governing congressional elections passed, and 
a new election for Congressmen held. But the House of 
Representatives was the only constituted authority before 
whom the case could be carried for judicial determination. 
Thus the matter dragged on until Congress assembled when 
the House of Representatives on December 6, 1847, admitted 
the Congressmen elect from Iowa without going behind the 
certificates of election issued by Governor Briggs. 

As a matter of interest, it may be mentioned that the 
First General Assembly had in fact passed "A bill pro- 
viding for the election of Representatives in Congress." 
This bill passed the Senate on February 20, 1847. 81 It was 
sent to the House and was passed by that body on February 
24th. 82 This was the last that was heard of it. The Ex- 
ecutive Journal of the session does not contain any record 
of it and it is not known whether the bill was ever presented 
to the Governor for his approval. It was presumed that 

70 The Iowa Standard (Iowa City), New Series, Vol. II, No. 8, August 
25, 1847. 

so Quoted in The Iowa Standard (Iowa City), New Series, Vol. II, No. 10, 
September 8, 1847. 

si Senate Journal, 1846-1847, p. 262. 
«2 Uouse Journal, 1846-1847, p. 403. 



CONGRESSIONAL ELECTIONS IN IOWA 501 



the bill was lost by the Committee on Enrollments in the 
House. The Secretary of State had no record of it in his 
office. 83 

The election of Shepherd Leffler and William Thompson 
being permitted to stand, the General Assembly at an early 
date passed a law governing congressional elections. On 
January 24, 1848, the General Assembly, called in special 
session for the purpose chiefly of electing United States 
Senators, passed "An Act to provide for the election of 
Eepresentatives in Congress'', the provisions of which are 
as follows: 

1. That a Representative in the Congress of the United States 
shall be chosen in each of the Congressional districts of the State, 
by the qualified voters thereof, at the general election in the year 
one thousand eight hundred and forty-eight, and every two years 
thereafter. 

2. If a Representative in Congress shall resign, he shall forth- 
with, transmit a notice of his resignation to the Secretary of State ; 
and if a vacancy shall occur by death or removal from the District 
in the office of Representative in Congress, the clerk of the board of 
commissioners of the county where such Representative shall have 
resided at the time of his election, shall, without delay, transmit a 
notice of such vacancy to the Secretary of State. 

3. Upon the happening of a vacancy in the office of Representa- 
tive in Congress, the Governor shall order a special election to fill 
such vacancy, unless in his opinion there will not be sufficient time 
to hold an election and allow the Representative then chosen, to 
take his seat before the expiration of the term for which he would 
have been chosen; the same notice of such special election shall be 
given in each county of the proper Congressional district, as is 
provided for in cases of special election to fill the vacancy occa- 
sioned by the death of a Representative in the General Assembly 
of this State. 

4. The clerks of the boards of commissioners of the respective 
counties in the district, shall, immediately after any election of 

83 The Iowa Standard (Iowa City), New Series, Vol. II, No. 7, August 
18, 1847. 



502 IOWA JOURNAL OF HISTORY AND POLITICS 



Representative in Congress, forward an abstract of votes given 
thereat, to the Secretary of State by mail ; and the Governor, Secre- 
tary of State, Auditor and Treasurer, or any three of them, shall be 
a board of canvassers to count such votes, and report thereon. In 
case three of said officers do not attend, either of the judges of the 
Supreme or District Courts, may be called in to make up that num- 
ber, and the person having received the highest number of votes 
in such district, shall be declared duly elected. 

5. The said board of canvassers shall be called together by the 
Secretary of State as soon as all the returns shall be in, and in case 
such returns shall not be in within thirty days from the day of the 
election, he shall despatch a special messenger to the delinquent 
county or counties, for the purpose of bringing up such returns. 

6. The report of the board of canvassers shall be published in 
one of the newspapers printed at the seat of government, and shall 
set forth the number of votes given for each candidate in each of 
the counties of the proper district. Should there be a tie, a special 
election shall be called in the manner above provided. 84 

Thus did the General Assembly of Iowa prescribe the 
time, places, and manner of holding elections for Repre- 
sentatives in the United States Congress. 

Louis B. Schmidt 

Iowa State College of Agriculture and Mechanic Arts 
Ames Iowa 

84 Laws of Iowa, Extra Session, 1848, pp. 31, 32. 



THE EENDITION OF BARCLAY COPPOC 

[The author's dominant motive in writing this paper, and in conducting the 
research necessarily connected therewith, has been to inquire into the possible 
legal and constitutional bases for Governor Kirkwood's refusal to honor the 
requisition of Governor Letcher of Virginia for Barclay Coppoc. Not only has 
the purpose been to conduct the inquiry as noted, but also to endeavor to ascer- 
tain whether the Iowa executive's refusal was founded upon sound and tenable 
grounds. Eepeated charges have been made that Governor Kirkwood's legal 
knowledge was sadly at fault and that he committed the gravest of blunders 
when he refused the demand. — Editor.] 

JOHN BEOWN AT SPEINGDALE 

As the twilight shades were falling at the close of a day 
in the early autumn of 1855 a man emerged from the forest- 
covered bluffs bordering the western banks of the Missis- 
sippi Eiver near what is now the city of Clinton, Iowa. 1 
Climbing to the summit of a treeless height near by, he 
gazed across the country to the westward. His sole com- 
panions were a lad of fifteen and a young man not yet 
thirty years of age. Three sons had already preceded this 
man to what was then the frontier West. Led on by tales 
of cruel treatment which had been meted out to these sons 
by "border ruffians the father, "Old John Brown", had 
journeyed thus far from his home in northern New York. 
He had yet several hundred miles to travel before he would 
reach the home of his sons. Seemingly satisfied with his 
hasty survey of the country before him, he directed prep- 
arations for the night's encampment. 

At the dawning of the day following their arrival on the 
western bank of the Mississippi, John Brown and his com- 
panions arose and were soon threading their way over the 
prairies to the westward. From Tipton they pressed on, 

iGue's John Brown and his Iowa Friends in The Midland Monthly, Vol. 
VII, p. 103. 

503 



504 IOWA JOURNAL OF HISTORY AND POLITICS 



passing through the hamlet of Springdale in Cedar County. 2 
Little did Brown then think that this quaint and obscure 
Quaker village would in a little more than three years be- 
come intimately connected with his name and fame, and 
that here would be brought to maturity the plans for his 
sadly misdirected and ill-fated blow at American slavery. 
There is no record that Brown even paused at the scene of 
his future 4 4 city of refuge". 

Within two weeks John Brown had reached his destina- 
tion in Kansas. Here, driven almost to madness by the 
murder of his relatives by "border ruffians" from Missouri 
and neighboring slave States, he quickly drew the attention 
of the nation by a series of border skirmishes, such as 
"Black Jack" and "Ossawatomie", which won for him the 
dread of the pro-slavery border warrior and for that par- 
ticular territory the opprobrious name of "bleeding Kan- 
sas". 

Iowa, the scene of so much of the later activity of John 
Brown, saw him no more until October, 1856, when he sud- 
denly appeared at Tabor. After remaining here 3 for some 
time he hurried eastward to consult "William Penn Clarke 
of Iowa City, who at this time was the Iowa member of the 
Kansas National Committee. 4 Not daring to stop in Iowa 
City with the slave refugees who accompanied him, Brown 
resolved to go on to the Pedee Quaker settlement in Cedar 
County, about sixteen miles to the eastward, where he had 
been told he might hope to find shelter for his charges. 5 
From this refuge he could return to Iowa City to hold night- 

2 Gue 's John Brown and his Iowa Friends in The Midland Monthly, Vol 
VII, p. 106. 

3 Villard's John Brown — A Biography Fifty Years After, pp. 267-269. 

4 Lloyd 'a John Brown among the Pedee Qualcers in the Annals of Iowa, Vol. 
IV, p. 668. 

5 Brown upon the many trips which he made through Iowa to the eastward 
was always accompanied by fugitive slaves whom he was hurrying on to Canada 



THE RENDITION OF BARCLAY COPPOC 505 



ly conferences with Clarke. 6 Thus it happened that toward 
the close of an Octoher day in 1856 Brown drew rein before 
the tavern at West Branch and asked shelter for himself 
and mule. 7 From the time of his kindly reception at this 
tavern dates Brown's almost constant connection with 
Pedee and its life to the day of his death, a little more than 
three years later. 

Eemaining for only a few days at the West Branch tav- 
ern, Brown resumed his flight toward Canada with his 
contraband slaves. Following his safe arrival in Canada, 
he paid a brief visit to the eastern supporters of his cause 
and by the early months of 1857 he was again in Kansas. 8 
Even at this early date Brown seems to have been evolving 
in his mind a scheme for a sort of armed invasion of slave 
territory other than Kansas or Missouri, for he reappeared 
at Tabor in the summer of 1857 accompanied by one Colonel 
Hugh Forbes, 9 whom he had induced to come from the East 

and freedom. Thus encumbered he dared not remain in a town where pro- 
slavery sentiment was as pronounced as it then was in Iowa City. — See Lloyd 's 
John Brown among the Pedee Quakers in the Annals of Iowa, Vol. IV, p. 669. 

Tabor, Des Moines, Grinnell, and Iowa City were well established stations 
on the Underground Kailway in Iowa from Kansas and Missouri. 

6 Lloyd 's John Brown among the Pedee Quakers in the Annals of Iowa, Vol. 
IV, p. 669. 

7 As Brown alighted from his mule at West Branch before ' ' The Traveler 's 
Best", a little frame tavern kept by James Townsend, he inquired of the 
tavern keeper if he had ever heard of "Old John Brown" of Kansas. Town- 
send made no reply other than to mark Brown's hat, saddle, and mule with 
cross marks of chalk which were the identifying marks granting to the bearer 
thereof the freedom of the tavern's hospitality. The mule still remained in the 
possession of John H. Painter of Springdale in 1866; and Frederick Lloyd 
notes that it then was "the most prized, petted and pampered mule in that 
settlement ' '. — See Lloyd 's John Brown among the Pedee Quakers in the An- 
nals of Iowa, Vol. IV, pp. 669, 670. 

s Such men as Frederick Douglass, Gerrit Smith, Theodore Parker, Franklin 
B. Sanborn, Wendell Phillips, and Dr. Samuel G. Howe were secretly furnishing 
Brown with supplies to carry on his Kansas war. 

o Hugh Forbes was a soldier of fortune and had fought under the Italian 
liberator Garibaldi and other revolutionary leaders in Europe previous to com- 
ing to America. 



506 IOWA JOURNAL OF HISTORY AND POLITICS 



to drill his projected anti-slavery army. Tabor, 10 being in 
free and sympathetic territory, was chosen as the best place 
for the work of drillmaster Forbes. 

Brown's army, however, did not materialize. Forbes 
spent the whole of the summer and autumn of 1857 in drill- 
ing Brown and one or two of his sons in a new manual of 
arms and in a most original and fantastic system of target 
practice. 11 As autumn wore away Forbes became dissatis- 
fied, and at last he and his employer violently disagreed 
upon the subject of compensation. On November 2, 1857, 
Forbes took passage on a Missouri Eiver steamer for the 
East, 12 while Brown returned by wagon to Kansas in search 
of his promised recruits. Ever after Brown thoroughly be- 
lieved that his former drillmaster was his Nemesis hurrying 
him onward to the destruction of his plans. 

Upon his return to Kansas, Brown was more successful 
than f ormerly ; and soon he reappeared at Tabor with about 
eleven men besides himself — the genesis of his famous 
band. 13 It was at this time that Brown first revealed the 
fact that his plans were directed elsewhere than against 
Kansas as their point of execution. 14 Forbes 's unhappy 
defection seemed to make necessary a change of base, and 
accordingly Brown announced an early departure for 
Springdale, Iowa. At the beginning of one of the severest 

10 Tabor had been founded in 1848 by a number of Ohioans who were im- 
pelled by an ambition to make their Iowa settlement a second Oberlin. At this 
time (1857) it had about twenty-five houses. — Villard's John Brown — A Bi- 
ography Fifty Years After, p. 267. 

11 Todd's Early Settlement and Growth of Western Iowa, pp. 154, 155. 

12 Todd's Early Settlement and Growth of Western Iowa, p. 156. 

is Todd's Early Settlement and Growth of Western Iowa, p. 156. Among 
the little band may be noted Aaron D. Stevens, Charles P. Tidd, Owen Brown, 
John H. Kagi, and John E. Cook who fought with him at Harper's Ferry or 
were present at the Kennedy Farm. 

14 See Cook's confession in the New York Weelcly Tribune, Vol. XIX, No. 
951, December 3, 1859. 



THE RENDITION OF BARCLAY COPPOC 



507 



winters in the history of Iowa the party left Tabor on De- 
cember 4, 1857. 15 More than three weeks were consumed in 
the march across the snow-covered prairies two hundred 
and fifty miles to Springdale, and many were the hardships 
endured by the men. 16 

Brown had confidently planned upon disposing of his 
mules and wagons upon reaching Springdale in order to 
relieve his chronic financial distress, but the full effect of 
the panic of 1857 was now making itself felt and rendered 
the sale of his freighting equipment impossible. 17 William 
Maxson, a Quaker farmer and a strong abolitionist living 
about three miles northeast of Springdale, however, agreed 
to care for Brown's men through the winter, taking the 
mules and wagons in payment. To this arrangement Brown 
finally yielded his consent. 

Brown had originally hoped to make the winter march to 
Ashtabula, 18 Ohio ; but owing to his habitual failure to cor- 
rectly reckon his financial resources he was, in spite of his 
reluctance, forced to abandon this plan for the time being. 
He did not remain long in Springdale, however, for upon 
completing the disposition of his forces he departed for the 
East to raise more money and much needed supplies. Upon 
the eve of his departure for the East, he is thought to have 
revealed his tentative Virginia plans, with Harper's Ferry 
as the possible point of attack, to Parsons and Kagi, two 
members of his band which was then quartered at the Max- 
son farmhouse near Springdale. 19 

is Villard's John Brown — A Biography Fifty Years After, p. 311. 

is Dubois's John Brown in the American Crisis Biographies, pp. 221, 222; 
and Villard's John Brown — A Biography Fifty Years After, p. 311. 

i? Villard's John Brown — A Biography Fifty Years After, p. 312. 

is Villard's John Brown — A Biography Fifty Years After, p. 312. 

19 The band as brought to Springdale at this time comprised Owen Brown, 
John H. Kagi, Eichard Eealf, Luke F. Parsons, William H. Leeman, Aaron D. 
Stevens, John E. Cook, Charles W. Moffat, Charles P. Tidd, and Richard Rich- 



508 IOWA JOURNAL OF HISTORY AND POLITICS 



The Iowa hamlet whose name has become intimately asso- 
ciated with the memory of "Old John Brown' ' was at this 
time composed of people "dwelling in comfortable houses, 
surrounded by their own teeming fields, and enjoying to the 
utmost the fruits of virtuous liberty and their own thrift". 
They were a sympathetic people who 1 i would gladly see all 
men in possession of the same blessings God has showered 
upon them." 20 It was a Quaker community, composed of 
members of that sect who had found their eastern homes 
too much compassed about by other sects who rendered the 
living of the simple Quaker life practically impossible. 
Upon the prairies of eastern Iowa they had sought and 
found that simplicity of life for which they had so eagerly 
longed in their Ohio homes. At the time of John Brown's 
visit the village had a population of about one hundred 
souls and could boast of but one street, upon which was to 
be found not only the commercial center of the community, 
but the unassuming cottages of the villagers as well. 
Broad-brimmed hats and scuttle-shaped bonnets were much 
in evidence. 

Into this little community John Brown brought his fol- 
lowers late in December, 1857 ; and here it was that he com- 
pleted his plans for a final attack upon the institution of 
slavery. 21 The people of the village received Brown kindly 
and extended to him the fullness of their Quaker hospi- 
tality. 22 

ardson. Eichardson was the only colored man of the band. — See Lloyd 's J ohn 
Brown among the Pedee Quakers in the Annals of Iowa, Vol. IV, p. 712; and 
Eichman's John Brown Among the Quakers (Third Edition), p. 23. 

20 Lloyd's John Brown among the Pedee Quakers in the Annals of Iowa, Vol. 
IV, p. 666. 

21 Lloyd 's John Brown among the Pedee Quakers in the Annals of Iowa, Vol. 
IV, p. 667. 

22 Dubois 's John Brown, p. 222. Mr. Maxson in reckoning the board of 
Brown's men did so at the rate of one dollar per week. However, Mrs. E. S. 



THE RENDITION OF BARCLAY COPPOC 509 



Amid these pleasant surroundings, the band spent the 

J remainder of the winter. 23 Brown had, before his depart- 
ure on January 15th, appointed Stevens, a member of the 

{ band, as drillmaster to fill the place vacated by Forbes. 

| During the winter the men, under the tutelage of the new 
drillmaster, were trained in the manual of arms, military 
formations and maneuvers, and gymnastics for three or 
four hours each day in the field in the rear of the Maxson 
home. 24 The long evenings were spent in holding sessions 
of a mock legislature, in which Cook and Kagi starred in 
debate, and in various other equally enjoyable pastimes. 25 
Such splendid entertainers did they prove themselves and 
so royally were they entertained that when Brown returned 

| to Springdale from the East on April 22, 1858, with the 
announcement of their near departure for Chatham, Canada 
1 West, there was on the part of the members of the band and 
the people of Springdale mutual regret. 26 

Butler, who resided at Springdale at that time, in a letter to The Midland 
Monthly states that the men were quartered during the winter at various 
farmhouses wherever they were able to obtain work. This seems probable 
since Maxson 's house, as is evident from its size, could not accommodate all. 
She states that the headquarters were at the Maxson home. Several of the 
men were frequently quartered at her home. — The Midland Monthly, Vol. X, 
p. 576. 

23 Among these men were to be found poets, orators, scholars, Kansan War 
heroes, " idealists, dreamers, soldiers and avengers, varying from the silent 
and thoughtful to the quick and impulsive; from the cold and bitter to the 
ignorant and faithful .... It was a veritable band of crusaders .... 
They had been trained mostly in the rough school of frontier life, had faced 
death many times, and were eager, curious and restless." — Dubois's John 
Brown, pp. 285-287. 

24 Villard's John Brown — A Biography Fifty Years After, p. 316. 

25 Eealf was a brilliant man and posed as having at one time been a protege 
of Lady Noel Byron. He lectured frequently at the neighboring schoolhouses 
and was always greeted by well filled houses. Cook was equally talented as an 
orator and' a poet and entertained crowds of people in the country schools many 
times by his elegantly worded addresses and attractive poems. 

26 Dubois's John Brown, p. 252. 

vol. x — 33 



510 IOWA JOURNAL OF HISTORY AND POLITICS 



JOHN" BKOWN AND HIS MEN IN CANADA 

Brown deemed immediate departure imperative; and so 
on April 27, 1858, he and his men set ont by rail for Chat- 
ham, Canada West, going by way of Chicago and Detroit. 
They departed with the heartiest wishes for future success 
from the people of Springdale, who considered slavery the 
greatest curse of the Nation. Before leaving, Brown dis- 
closed his completely matured plans to his three Quaker 
confidants and advisers — James Townsend, John H. Paint- 
er, and Dr. H. C. Gill. 27 These men are believed to have 
been the first persons to whom he revealed his matured plan 
of attack upon the institution of slavery. 

In leaving Springdale for Canada, Brown had a two-fold 
purpose in view: first, to give his secret and temporary 
organization a constitutional form; and second, to gain an 
impetus for an immediate raid upon the Southland. The 
first object only was accomplished. Brown fondly hoped 
that upon giving his enterprise a constitutional footing vol- 
unteers and money would generously flow toward it. Ac- 
cordingly, at Chatham, Canada West, on May 8, 1858, 
pursuant to a call 28 issued about a week previously, there 
assembled in an old engine house in that city one of the most 
strangely composed and organized constitutional conven- 
tions that ever met upon the American continent ; while the 
product of its labors was equally strange. 29 Presided over 
by a negro, 30 its deliberations were largely and at times 

27 Lloyd 's John Brown among the Pedee Quakers in the Annals of Iowa, Vol. 
IV, p. 712. 

28 See Cook 's confession in the New York Weekly Tribune, Vol. XIX, No. 
951, December 3, 1859. 

29 For a copy of the journal of the Provisional Constitutional Convention on 
May 8, 1858, see the report of the Mason investigating committee. — Senate 
Reports, 1st Session, 36th Congress, Report No. 278, p. 45. 

30 Its negro presiding officer was a Eev. William C. Munroe, a mulatto from 
Detroit, Michigan. — Senate Reports, 1st Session, 36th Congress, Report No. 
278 (Testimony), p. 95. 



THE RENDITION OF BARCLAY COPPOC 511 



exclusively participated in by negroes, and its measures 
were adopted by an overwhelming majority of negro votes. 

During his winter's absence in the East, Brown had draft- 
ed a constitution, which he now submitted to the Conven- 
tion for adoption. Much heated controversy arose over the 
forty-sixth article, 31 but its provisions were finally accepted 
without amendment. The final result of the Convention's 
labors, embodied in a document of forty-eight articles, was 
styled the "Provisional Constitution and Ordinances for the 
People of the United States." 32 This instrument was at 
once promulgated by Brown, and on May 10th provisional 
officers were elected. 33 

The work of the constitutional and nominating convention 
had not been closed before Brown received word from his 
eastern friends that his intended move upon the South had 
been betrayed — presumably by Forbes. This news ren- 

31 It has always been a point of heated controversy whether Brown had in 
mind the ultimate overthrow of the United States government and Constitution 
or not. To the last he protested that he had no such object in view. The 
Forty-sixth Article which aroused so much discussion in the Convention was 
proposed by Brown — as indeed was the whole Constitution. Brown fought for 
the retention of the article and finally won. This action ought to settle the 
above question in his favor. The article is as follows : ' ' The foregoing articles 
shall not be construed so as in any way to encourage the overthrow of any 
State government, or of the general government of the United States, and 
look to no dissolution of the Union, but simply to amendment and repeal. And 
our flag shall be the same that our fathers fought under in the Bevolution. ' ' — 
Provisional Constitution and Ordinances as incorporated in the report of the 
Mason investigating committee, found in Senate Reports, 1st Session, 36th 
Congress, Eeport No. 278, pp. 58, 59, Journal of the Select Committee. 

32 Senate Reports, 1st Session, 36th Congress, Eeport No. 278, pp. 48-59. 
Some of the provisions of this Constitution are very unusual. For instance, 
there was to be a Congress of one house of from five to ten members, and a 
Supreme Court of five members, each of whom was to hold circuit court. All 
property was to be held in common. There were to be no salaries. Labor was 
compulsory, and the carrying of unconcealed arms was encouraged. 

33 Dr. Hermann von Hoist, a leading authority on American constitutional 
history, has referred to this strange instrument of government as being "a 
piece of insanity in the literal sense of the word. A confused medley of ab- 
surd forms.' ' 



512 IOWA JOURNAL OF HISTORY AND POLITICS 



dered inevitable the immediate disbanding of the members 
of the proposed expedition, who scattered in many direc- 
tions wherever promise of work was to be found. With a 
parting admonition to his men to keep in close touch with 
him whatever might happen, Brown once more returned to 
Kansas and resumed his relentless war upon slavery. 

bkown's last visit to the west 

While in Kansas for this last time, Brown, with the as- 
sistance of Kagi, planned and executed what was without 
doubt the most notorious of his slave raids into Missouri. 34 
During the progress of this raid Kagi's party wantonly 
killed a slaveholder, besides destroying and stealing much 
property. As was his custom, Brown, after uniting his 
forces with those of Kagi, fled across the Missouri River at 
Nebraska City to Tabor, Iowa. 

The news of the raid soon reached Tabor, bearing with it 
the details of the murder and of the destruction and theft 
of property. A mass meeting of the citizens of Tabor was 
held at which a resolution soundly denouncing Brown was 
passed as voicing the sentiment of the little village. 35 This 
action so incensed Brown that he at once left Tabor, vowing 
never to return. He therefore continued his flight to 
Springdale from whence, with the aid of William Penn 
Clarke, Hiram Price, Josiah B. Grinnell, and others he was 
enabled to reach Canada in safety with the slaves he had 
taken from their masters in Missouri. 36 

This proved to be Brown's farewell visit to Iowa, Kansas, 
and Missouri, where he had done so much to foment sec- 

34 See Villard's John Brown — A Biography Fifty Years After, pp. 367-384. 

-'Todd's Early Settlement and Growth of Western Iowa, pp. 158-161; and 
Villard's John Brown — A Biography Fifty Years After, pp. 384-386. 

86 An account of the part these men took in the forwarding of Brown and 
his slaves to Canada may be found in Lloyd's John Brown among the Pedee 
Quakers in the Annals of Iowa, Vol. IV, pp. 716-719. 



THE RENDITION OF BARCLAY COPPOC 513 



tional and party strife. The latter State, thoroughly 
aroused at the murder of the slaveholder, Cruise, had of- 
fered aggregate rewards of three thousand dollars for 
Brown, dead or alive. 37 And so Brown decided to go East 
for the purpose of conferring with friends in Boston, where 
he spent the entire spring and early summer. Having to 
his own satisfaction adjusted all financial and strategic dif- 
ficulties, Brown decided late in June that the time was most 
propitious for the launching of his long contemplated raid 
into eastern slave territory. 

PKEPAEATIOISTS FOE THE KAID ON" HAKPEK's FERRY 

Having reached a definite conclusion, he moved with 
characteristic enthusiasm and precipitation to the execution 
of his plan. Accompanied by two of his sons and Jeremiah 
Anderson, he hastened into Maryland, and on June 30th 
appeared at Hagerstown. 38 A few days later (July 3rd) 
he was on the Maryland side of the Potomac directly op- 
posite Harper's Ferry. Here, it appears that Brown and 
his two sons pretended that they were seeking lands for 
purposes of investment. 39 A little later they rented what 
was known as the Widow Kennedy Farm, about four miles 
from the Ferry. 

The mustering of men and the moving of arms and sup- 
plies at once began toward Chambersburg, Pennsylvania, 
from which place they were hauled across the country to 
the Kennedy Farm. 40 Brown and his men also began 

37 Villard's John Brown — A Biography Fifty Years After, p. 371. 

38 Sanborn's Life and Letters of John Brown (Fourth Edition), p. 527. 

39 Sanborn's Life and Letters of John Brown (Fourth Edition), pp. 527-529. 

40 It was at this time that John H. Painter shipped to Brown, under the 
latter 's assumed name and directed to Chambersburg, Pennsylvania, the Sharps' 
rifles and revolvers — 196 of each — which, up to this time, had been stored at 
Springdale. These arms were shipped marked as ' ' Carpenters ' tools". — 
Lloyd's John Brown among the Pedee Quakers in the Annals of Iowa, Vol. IV, 
p. 760. 



514 IOWA JOURNAL OF HISTORY AND POLITICS 



reconnoitering the country on both the Virginia and the 
Maryland sides of the Potomac in the immediate vicinity 
of the farm and Ferry in preparation for what they ex- 
pected would "effect a mighty conquest" 41 and destroy the 
curse of slavery. Believing that he had only ' ' this one op- 
portunity, in a life of nearly sixty years", Brown threw 
himself unreservedly into what was without doubt one of 
the most daring, though foolhardy, exploits of modern 
times. 

THE DEPAKTUKE OF EDWIN AND BAKCLAY COPPOC 

Thus it happened that on July 15, 1859, Brown despatched 
a message to two young men, scarcely more than boys, who 
were at this time living quietly in their home at Spring- 
dale. To these young men the message was of great im- 
portance, since it bore a request for their immediate 
presence at the Kennedy Farm. 

While Brown's men had been drilling at the Maxson farm 
in the winter of 1857-1858 the two older Coppoc boys, 
Barclay and Edwin, had watched them and had become in- 
fatuated with the warlike preparations and with the mag- 
netic personalities of certain members of the band. More- 
over, they were in thorough sympathy with the cause which 
Brown and his men had espoused. Having volunteered 
their services to Brown subject to call, the expected sum- 
mons found them ready to respond. 

Sad indeed must have been that twenty-fifth day of July 
in Springdale, when the two Coppoc boys, responding to a 
call which had no place in Quaker principles, bade farewell 
to their mother and friends and began a journey whose end- 
ing not even their over-sanguine leader could foresee. The 
Quaker mother who, although rebelling against the wildness 

4i Words of John Brown in a letter written to F. B. Sanborn on February 24, 
1858. — Sanborn's Life and Letters of John Brown (Fourth Edition), p. 444* 



THE RENDITION OF BARCLAY COPPOC 515 



of Brown's plan, sacrificed her two sons for the canse of 
Freedom in which she sincerely believed, furnishes a true 
example of the heroism of American womanhood during the 
trying years which followed. 

Edwin Coppoc, the older of the two brothers, was des- 
tined never again to look upon his Springdale home; for 
before five months had passed, his mother's prophetic words 
of parting 42 had been fulfilled and his name had been en- 
rolled as one of the first martyrs in the internecine strife 
waged for the emancipation of the American negro slave. 
As the form of the Iowa boy swung clear of the scaffold's 
platform, the infuriated crowd of Virginians cheered. 
Later, the same crowd raged about his body as it was slowly 
lowered from the gibbet as if impatient to tear it to shreds. 43 

Barclay, more fortunate than his older brother, finally 
returned to Springdale in safety. In the attempt made by 
him to reach his home and friends, and in the subsequent 
efforts of those devoted friends to save his life, is found the 
constitutional question with which this paper will largely 
deal. 

THE COPPOC FAMILY 

The Coppoc family had formerly been members of the 
Quaker settlement at Salem, Ohio, where Barclay was born 
on January 4, 1839; 44 and so he was only ten months past 
his twentieth year at the time of the ill-fated assault which 

42 Barclay Coppoc upon receiving Brown 's letter said to his mother : ' 1 We are 
going to start for Ohio to-day. " " Ohio ! ' ' said his mother, 1 1 1 believe you are 
going with old Brown. When you get the halters around your necks, will you 
think of me?" — Villard's John Brown — A Biography Fifty Years After, p. 
571. 

43 Edwin Coppoc was hanged on December 16, 1859, at Charlestown, Vir- 
ginia.— Villard ? s John Brown — A Biography Fifty Years After, p. 570. 

44 Villard's John Brown — A Biography Fifty Years After, p. 682; and 
Gue's John Brown and his Iowa Friends in The Midland Monthly, Vol. VII 7 
p. 272. 



516 IOWA JOURNAL OF HISTORY AND POLITICS 



ultimately was to claim his life as well as that of his brother. 
The father died when Barclay was only two years of age; 
and in the late forties the mother removed with her family 
to the Pedee settlement in Cedar County, Iowa. Mrs. 
Coppoc, the mother, was a woman of more than ordinary in- 
telligence, firm and resolute in purpose and conviction, and 
a strong abolitionist, as were all her sect. To her teachings, 
instilled into their minds in early life, was due the strong 
and intense bitterness felt toward slavery by her sons. 45 

As Barclay neared young manhood he showed signs of 
tuberculosis, and so was sent to Kansas in 1857. While in 
Kansas he witnessed many of the stirring scenes which 
were daily being enacted in that Territory and had, we are 
told, taken part in some of Brown's expeditions. He re- 
turned to Iowa thoroughly in sympathy with Brown's cause 
and needed no urging when the invitation came in July, 
1859. August had scarcely begun when he and his brother 
arrived at Chambersburg, Pennsylvania, and offered their 
lives and services to Brown to aid in the furtherance of his 
wildly conceived schemes of slave redemption. Seldom have 
the annals of our country recorded greater devotion to a 
cause than is found in the response of Edwin and Barclay 
Coppoc to the appeal of their magnetic but deluded leader. 46 

THE KAID ON HAKPEK'S FEEKY 

With his men gathered around him at Chambersburg, 
Pennsylvania, early in August, John Brown revealed his 
definite plans for attacking Harper's Ferry. 47 A few of his 

45 Letter from Mrs. E. S. Butler in The Midland Monthly, Vol. X, p. 576. 

40 ' 1 Ah, you gentlemen don 't know Capt. Brown ' said Edwin Coppoc while 
a prisoner at Harper's Ferry; "when he calls for us we never think of re- 
fusing to come. 9 ' — New York Weekly Tribune, Vol. XIX, No. 945, October 22, 
1859. 

47 As to just when Brown revealed his plans of attack upon slavery with 
Harper's Ferry as the definite point of assault has aroused much discussion and j 



THE RENDITION OF BARCLAY COPPOC 517 



men at first demurred to the leader's plans, but later all 
concurred and began the final preparations for the assault. 48 

On Monday, October 10, 1859, John Brown as Command- 
er-in-chief of the "Provisional Army" issued general 
orders for the assault. 49 It is of interest in this connection 
to note that in these orders General Brown detailed Owen 
Brown, F. J. Merriam, and Barclay Coppoc as a special 
guard to remain at the Kennedy Farm in charge of the 
munitions of war stored there. Neither of these men had 
yet crossed the Potomac and set foot on Virginia soil; nor 
did they do so at any time during or after the assault. 50 

Sunday, October 16, 1859, witnessed the final calling of 
the roll at Kennedy Farm. The call revealed the fact that 
there were then present and ready for aggressive participa- 
tion in the attack — which all but one 51 of the total number 

no little disagreement. Weight of authority seems to favor the time given 
above. However, see statement of Edwin Coppoc when taken captive, in the 
New York Weekly Tribune, Vol. XIX, No. 945, October 22, 1859. See also 
Lloyd's John Brown anong the Pedee Quakers in the Annals of Iowa, Vol. IV, 
p. 668; Dubois's John Brown, pp. 222-224, 304; Cook's confession in the New 
York Weekly Tribune, Vol. XIX, No. 951, December 3, 1859; and Eealf's 
testimony before the Mason investigating committee in Senate Eeports, 1st 
Session, 36th Congress, Report No. 278 (Testimony), pp. 91-94; and Sanborn's 
Life and Letters of John Brown (Fourth Edition), pp. 438, 450, 541. 

48 Brown alone believed in the assault on the property of the United States 
at Harper's Ferry. — Villard's John Brown — A Biography Fifty Years After, 
p. 427. 

49 According to the general orders his men were to be organized into bat- 
talions of four companies each, seventy-two men to the company. Each company 
was to be divided into bands of seven men under a corporal, and two bands 
made a section of sixteen men under a sergeant. — Sanborn's Life and Letters 
of John Brown (Fourth Edition), p. 546. 

so To substantiate this statement see Cook's confession in the New York 
Weekly Tribune, Vol. XIX, No. 951, December 3, 1859; Villard's John Brown 

— A Biography Fifty Years After, p. 468; and Gue's John Brown and his 
Iowa Friends in The Midland Monthly, Vol. VII, p. 112. 

si All but Taylor hoped by some stroke of fortune to come out alive; only a 
few believed in the plan of campaign, looking upon the arsenal as a death-trap. 

— Villard's John Brown — A Biography Fifty Years After, pp. 424, 425. 



518 IOWA JOURNAL OF HISTORY AND POLITICS 



of followers regarded as the privilege of a lifetime — a 
force of twenty-one men, of whom sixteen were white and 
five colored. 52 And of this number four acknowledged Iowa 
as their home. 53 

Night came — dark, gloomy, and rainy. All held them- 
selves in readiness for the final marching orders which were 
issued about eight o'clock, when Brown announced: "We 
will proceed to the Ferry." 54 Shortly thereafter the band 
began its silent march, unaccompanied by shrill of fife or 
roll of drum. Eighteen in all, they assailed and readily 
captured what their leader believed to be the Thermopy- 
laean Pass to the abolition of slavery in America. 55 

Monday, October 17, 1859, dawned upon an astounded 
Washington and an all but panic-stricken Eichmond. The 
long feared raid on the South had taken place and slavery, 
the bulwark of southern institutional life, was threatened 
with destruction. Such was the hasty conclusion of the 
South as the telegraph flashed the message of alarm. 
Troops were at once rushed upon Harper's Ferry from 
Washington and Eichmond, but not for fifty-eight hours did 
John Brown and his men yield to overwhelmingly superior 
forces. 56 Of the eighteen members of Brown's band who 
were either killed or captured three were from Iowa. 57 

52 Sanborn's Life and Letters of John Brown (Fourth Edition), p. 546; and 
Senate Eeports, 1st Session, 36th Congress, Eeport No. 278, p. 3. 

ss These were Edwin and Barclay Coppoc, Stewart Taylor, and Jeremiah 
Anderson. 

54 Sanborn's Life and Letters of John Brown (Fourth Edition), pp. 552, 
553; and Villard's John Brown — A Biography Fifty Years After, pp. 426-429. 

55 Senate Reports, 1st Session, 36th Congress, Eeport No. 278, p. 3. 

56 As reported by Colonel Eobert E. Lee, commander of the U. S. Marines 
and other national forces present, Brown's band suffered a loss of twelve men 
by death. John Brown, Edwin Coppoc, Copeland, Stevens, and Green were 
taken prisoners. All were wounded except Coppoc, who came out of the battle 
unhurt. — Senate Reports, 1st Session, 36th Congress, Eeport No. 278, p. 44. 

57 These three Iowa boys were: Edwin Coppoc, Stewart Taylor, and Jeremiah 
Anderson. 



THE RENDITION OF BARCLAY COPPOC 519 



Not all of these eighteen men, it should be noted, sacri- 
ficed their lives in the assault and later defense of the town. 
Those who escaped death at this time were taken prisoners 
upon surrender or were afterwards returned to Virginia 
by requisition upon the States where they were found. All 
who were thus taken or returned were hanged in accordance 
with the legal processes of a much frightened State. It was 
thus that Brown, Edwin Coppoc, and five others of the 
band 58 were indicted, 59 tried, and condemned to death by 
hanging 60 — the charge being first degree murder commit- 
ted on citizens of Virginia. 61 With an immovable fidelity 
to an apparently lost cause, they all calmly awaited the day 
of death, going to their graves confident that their act would 
usher in a time of universal justice and freedom. 62 

THE ESCAPE OF BAKCLAY COPPOG 

It will be recalled that Barclay Coppoc, Merriam, and 
Owen Brown had, pursuant to orders, remained at the Ken- 
nedy farm to guard the arms and supplies. Later, during 
the attack Cook and Tidd were sent back to the farm with 
captured arms and slaves, 63 and while there word came of 

58 In addition to Brown and Coppoc the following were also hanged : Green, 
Stevens, Copeland, Cook, and Hazlett. 

59 Of these trials the Boston Transcript declared: " Whatever may be his 
guilt or folly, a man .... executed after such a trial, will be the most 
terrible fruit that slavery has ever borne, and will excite the execration of the 
whole civilized world." — Quoted in Villard's John Brown — A Biography 
Fifty Years After, p. 481. 

60 Brown was hung on December 2 ; Coppoc, Green, Copeland and Cook on 
December 16; Hazlett and Stevens were hung early the following year. — 
Villard's John Brown — A Biography Fifty Years After, pp. 557, 569, 580. 

61 The verdict read : ' ' Guilty of treason, advising and conspiring with slaves 
and others to rebel, and of murder in the first degree. ' ' — The Tipton Adver- 
tiser, Vol. VI, No. 46, November 5, 1859. 

62 See editorial in the New York Weekly Tribune, Vol. XIX, No. 951, De- 
cember 3, 1859. 

63 Gue 's John Brown and his Iowa Friends in The Midland Monthly, Vol. 
VII, p. 112. 



520 IOWA JOURNAL OF HISTORY AND POLITICS 



the impending surrender of Brown and the rapid mobiliza- 
tion of troops. 64 Fearing to return to the Ferry, they re- 
mained at the farm. On Tuesday came the not unexpected 
news of Brown 's capture through the storming of the engine 
house by the United States marines. 65 Immediately the 
five survivors began a retreat. 66 Safety demanded that they 
keep to the most secluded portions of the mountains, con- 
tinue their flight mainly by night, and live upon what could 
be found in the woods and fields. 

Owen Brown was, by general consent, chosen leader of the 
retreat, 67 which he directed through the mountainous re- 
gions of Maryland and western Pennsylvania toward Lake 
Erie and Canada. Cook was soon captured, due to his own 
carelessness, and was returned to Virginia, where he suf- 
fered the same fate as was dealt to all members of the band 
who were captured at Harper's Ferry. Merriam dropped 
out later on account of physical exhaustion, but almost 
miraculously made his escape by railroad. The others, in- 
cluding Barclay Coppoc, continued the flight. 

For thirty-six days they wandered through the Pennsyl- 
vania mountains, dogged at every turn by bloodhounds and 
human pursuers, for Governor Wise of Virginia had placed 
a price on Coppoc 's head conditioned solely upon his de- 
livery at the Jefferson County jail. The inclemency of the 
weather added to the hardships of the men, for the autumn 

64 Governor Wise of Virginia issued a proclamation ' ' but fifteen lines long, 
and ordered artillery, cavalry, and infantry to the seat of war. . . . The 
President ordered up three companies from Old Point Comfort, and sent on 
eighty marines from the Washington Navy Yard, placing Col. E. B. Lee in 
command. ' '— New York Weekly Tribune, Vol. XIX, No. 945, October 22, 1859. 

See Villard 's John Brown — A Biography Fifty Years After, pp. 452-455 ; 
see also Dubois's John Brown, p. 334. 

60 For Owen Brown 's dramatic story of this retreat, see the article by R. 
Keeler in the Atlantic Monthly, Vol. XXXIII, pp. 342 ff. 

67 Gue 's John Brown and his Iowa Friends in The Midland Monthly, Vol. 
VII, p. 272. 



THE RENDITION OF BARCLAY COPPOC 



521 



rains had begun and in the mountains it was more frequent- 
ly snow, sleet or hail, than rain. Their clothing was soon 
torn to shreds and their shoes were all but gone. Lacking 
shelter by day, they oftentimes lay upon the ground unpro- 
tected against the sleet and hail. Conditions were even 
worse at night, for to the discomfort of the day was added 
the chill of the night time and the laceration of feet or body 
by sharp stones and thorns. 

For food the fugitives had nothing but what they could 
secure without being seen. There was little to be found in 
the mountains, and at that season of the year but little could 
be obtained lower down. Corn, picked grain by grain from 
the ear and eaten unground, formed the main article of diet. 
Sometimes they were successful in stealing a chicken, which 
was devoured raw — for they had no means of making a 
fire and even if they had possessed the means they would 
not have dared to use them. Under such conditions human 
endurance was pushed to the limit. 

For several days their struggles against the pangs of 
hunger and the danger of capture by Virginia officers con- 
tinued with little immediate promise of abatement. At last, 
driven to desperation by starvation and the pains incident 
to exposure, the three survivors concluded to seek food and 
shelter at any cost at a Pennsylvania farmhouse near at 
hand. Here they found themselves among friends and were 
given food and shelter. They did not, however, reveal their 
identity, fearing to trust anyone with their secret. 

"While partaking of the food, with which they were liber- 
ally served, one of the three refugees chanced to pick up a 
newspaper and there read of the fate of the other members 
of the band who had survived the assault. While he read 
the accounts of the hanging of their leader and of the con- 
demnation of Edwin Coppoc and others, all succeeded in 
concealing their emotions except Barclay Coppoc. As the 



522 IOWA JOURNAL OF HISTORY AND POLITICS 



details of the trial, condemnation, and approaching execu- 
tion of his brother were read tears came to his eyes. But 
thanks to the hospitality of their host no embarrassing in- 
quiries concerning the cause of the apparent grief were 
made. 

Eemaining at the farmhouse for only a brief time the 
fugitives continued their flight greatly refreshed and 
strengthened. The time had now come for separation; and 
Barclay Coppoc, successfully concealing his identity, made 
his way back by railroad to his Iowa home. Here he ar- 
rived on December 17, 1859, 68 "worn almost to a skeleton 
by starvation and exposure.' ' On the previous day his 
brother Edwin, loaded with chains and shackles, had yielded 
his life upon a Virginia scaffold at Charlestown. 

THE REQUISITION FROM VIRGINIA 

Barclay Coppoc 's battle for life had but its beginning in 
the struggle which he had made in the flight through the 
mountains of western Pennsylvania and thence across the 
Mississippi Valley to Iowa. Scarcely had he reached his 
home than his whereabouts were betrayed to the Virginia 
authorities. Governor Letcher of Virginia, just entering 
upon his initial term of office as chief magistrate of the 
Commonwealth, 69 was anxious to prove himself a true de- 
fender of the honor and safety of his State. Accordingly, 
on January 23, 1860, his agent, one Mr. C. Camp, appeared 
at Des Moines, Iowa, bearing requisition papers directed to 
the Governor of Iowa for one Barclay Coppoc, reputed to 
be a fugitive from the justice of Virginia. 70 

68 Aurner 7 s Topical History of Cedar County, Iowa, Vol. I, p. 424. 

69 Governor Letcher had but a few days since succeeded Wise as Governor of 
Virginia and had thus fallen heir to all the latter 's controversies. 

™ See letters from Governor Kirkwood to Governor Letcher dated January 
23 and 24, 1860. — Shambaugh 's Messages and Proclamations of the Governors 
of Iowa, Vol. II, pp. 394-396. 



THE RENDITION OF BARCLAY COPPOC 523 



This attempt of the Governor of Virginia to secure the 
rendition of Coppoc was received with unfeigned surprise 
in Iowa and caused no little apprehension upon the part of 
Coppoc 's friends and of the anti-slavery people of the State 
who were cognizant of the agent's arrival. Since February 
12, 1793, there had been upon the United States statute 
books a law providing for the rendition of fugitives from 
labor and justice. Courts had reviewed it, but had added 
nothing to its clearness. It had been modified by a second 
enactment dating from September, 1850, which only added 
still further to the uncertainty of its meaning. Difficulties 
concerning the act of 1793 might not have arisen, however, 
if it had not contained within it the essence of another ques- 
tion which was later to foment the bitterest sectional and 
partisan strife of the century. 

With the adoption of the Federal Constitution this ques- 
tion had be